What Are Driver Responsibility Fees and What Can You Do?

  In Michigan, if you commit a driving offense, depending on your offense, you may be required to pay Driver Responsibility Fees. Governed by the Michigan Driver Responsibility Laws, these fees may be as high as $1,000 for up to 2 consecutive years. Put into law in 2003, they have been a source of controversy for years. In response to these complaints, earlier this year, big changes were made. The most significant of these changes were an amendment to the law which allows a portion or all of said fee to be paid by the assessed driver by engaging in community service. According to Sec. 732b.:

“ (1) If an individual was assessed a driver responsibility fee under section 732a(2)(c) or (d), the individual may engage in 10 hours of community service as an alternative to paying that fee or any unpaid portion of that fee. Community service under this subsection shall be completed within 45 days after the application to engage in community service is filed with the department of treasury under subsection (3).”

A way to allow those who cannot afford to pay, the chance to pay their debt without cash, the state also benefits from this community service. This is just one major change which has been made in laws relating to Driver Responsibility. This and other changes are just the beginning of the end of these fees which are slated to be phased out completely. In the interim, if you are charged with any number of offenses ranging from Category 1 offenses or much more serious, Category 2 offenses including felonious driving, fleeing and eluding or negligent homicide, you will be required to continue to pay a driver responsibility fee or do 10 hours of community service in some cases. It is important to note however that while this new change regarding community service may be an option for some, it is not available for all. According to the rules as found on Michigan.gov, the only offenses which qualify for the waiver are:

• No Proof of Insurance
• No Insurance
• Drove without Proper License/Endorsement/Vehicle Group Designator
• Drove While License Expired
• Drove While Unlicensed or License Not Valid

Additional changes made to the Driver Responsibility Law and to be made over the next 4 years include: Category 1

• October 1, 2015 – Assessments shall be reduced to 75% of the original amount. (e.g. A fee previously assessed at $100 would now be $75)
• October 1, 2016 – Assessments shall be reduced to 50% of the original amount prior to October 1, 2015. (e.g. A fee previously assessed at $100 would now be $50)
• October 1, 2018 – Assessments shall be reduced to 25% of the original amount prior to October 1, 2015. (e.g. A fee previously assessed at $100 would now be $25)
• October 1, 2019 – There will no longer be a Category 1 driver responsibility fee assessed to individual who accumulates seven or more points.

Category 2

• October 1, 2015 – 100% of the fee shall be assessed for the first year and 50% of the fee shall be assessed for the second year. (e.g. An assessment that is $500 for the first year would be $250 for the second year)
• October 1, 2016 – 100% of the fee prior to October 1, 2015 shall be assessed for the first year and no fee shall be assessed for the second year. (e.g. An assessment that is $500 for the first year would be $0 for the second year)
• October 1, 2018 – 50% of the fee prior to October 1, 2015 shall be assessed for the first year and no fee shall be assessed for the second year. (e.g. An assessment that was initially $500 would be $250 for the first and $0 for the second year)
• October 1, 2019 – There will no longer be a Category 2 driver responsibility fee assessed to individuals for qualifying offenses.

Further information can be found on this topic by visiting http://www.michigan.gov/driverresponsibility Harris Law is a Northern Michigan attorney serving all of Crawford , Otsego and Kalkaska counties and throughout Northern Michigan and specializing in criminal , estate and family law .