DRIVER RESPONSIBILITY PROGRAM

Today’s goals Discuss purpose of DRP Describe difference between DRP & other driver license enforcement actions Explain how points are calculated and the amount of surcharges assessed Include changes from SB 1723 Create a list of resources available for courts relating to DRP

Traffic Safety Moving violations/Serious traffic offenses Accidents Cause Injury Improve driver behavior

$$$ Money $$$ Surcharges to help offset cost of Trauma Center operations To provide money to the Trauma Center Fund and Texas Mobility Fund

Nuts & Bolts Who-Texas Legislature passed law during the 78 th Legislative Session as HB 3588, created Chapter 708, TRC When-Effective 9/1/2003 Why-Enhance traffic safety & gain $ for Trauma Center and Mobility Funds Effective 9/1/2005, General Revenue Fund replaced Texas Mobility Fund unless collections exceed $250 million annually

What is the DRP? Surcharge Assessment- based on driver record history Failure to pay results in a suspension of driving privileges Two methods used to decide who meets the criteria: Points and Serious Convictions Requires payment for three years Surcharge is in addition to any other fees Effective 9/1/2005, a statement is required to be printed on a citation about the surcharge program

Point System Each traffic conviction is assigned 2 points A traffic conviction which resulted in an accident will be assigned 3 points A surcharge of $100 will be assessed when a driver has accumulated 6 points in three years; Additional $25 per point for every point over 6 The fees are cumulative and are assessed for up to three years or more

Moving Violation Conviction TAC Title 37, Part 1 Rule Does not include seatbelt violations-does include child safety seat effective 9/1/2005 Only includes speeding that is 10% over the posted limit (code 3586) or speeding in a school zone

Serious Convictions Do not count toward point accumulation and stands alone to create a surcharge  Driving While Intoxicated  Intox Manslaughter and Assault  Subsequent DWI in three years  DWI = or >.16 BAC  Driving While License Invalid  No Liability Insurance  Driving Without a Valid License  No DL, No CDL or Expired DL  Endorsement Violation $1000 $1500 $2000 $ 250 $ $ 100

Service Fees DPS contracted with a third party vendor for collection and allows a service fee charge Vendor awarded the contract for DRP was Municipal Services Bureau (MSB) MSB charges 4% service fee in addition to the required surcharge  First DWI surcharge would be $1040 Other fees apply for credit cards, installment plan and electronic checks

Process Conviction reported by court  Includes Texas/out-of-state convictions  Exception: No Insurance, DWLI & No DL for OOS convictions Conviction is applied to driver history for a DL or ID If no record is found, an unlicensed record is created Vendor generates Surcharge notice on modified DPS letterhead and mailed to address on record

DRP Notice includes Amount owed and payment options  Outlines the installment plan and fees Mailed to address of record w/DPS  Vendor will research the Post Office database for a National Change of Address (NCOA), and subsequent letters are mailed to NCOA address if located. Warning that suspension will occur if driver does not comply in 30 days A telephone number; an mailing and address; web address

Additional Letters… Monthly reminders are mailed to drivers in the installment plan  Includes minimum amount due, full amount remaining, and payment voucher; due date being added If they default on IA or do not pay, suspension notice is mailed 4 Point letter mailed to drivers with either four or five points on record

Additional Contacts… SB 1723 allows alternate collection methods, amended current vendor contract  If individual is in default status six months after initial notice, an additional notice will be mailed  Skip tracing will be allowed  Outbound telephone contacts Will begin summer 2008

What happens next……. Failure to pay the required surcharge and applicable service fees, driving privilege is suspended  No hearing, automatic suspension Suspension remains in effect until the fee is paid or an installment agreement is established Surcharge is not a reinstatement fee

Compliance May pay in full or driver may enter into an installment agreement plan, TAC Rule  Previously, if default on IA, statute required payment in full  SB 1723 allowed reestablishment of defaulted IA, rule for one-time only Will begin summer 2008  If default occurs twice, can continue to make payments, but compliance will not be reported until paid in full

Compliance cont… Rule to allow one-time change of due date to more convenient time of month  Will begin summer 2008 Personal check, money order, cashier check, electronic check (checking/ savings/ money market), Western Union, Money Gram or credit card/debit online; posted within 48 hours May pay with exact cash at MSB Lobby; posted same day (Lobby hours are M-F from 7:30am to 7:00pm)

Amnesty Programs SB 1723 allowed Amnesty, Incentive and Indigency programs by rule, TAC Rule Amnesty applies to No Insurance and No DL surcharges  Reduction to 75% of original balance  Requires maintaining valid insurance or valid DL to receive reduction  If insurance/DL is not maintained, or if installment plan defaults, the reduction will be voided

Incentive Programs Incentive applies to Intoxication, DWLI and Point surcharges  If first year surcharge is in compliance, and no additional convictions subject to surcharge  Automatic reduction to 90% of original balance for second year  Automatic reduction to 80% of original balance for third year

Annual Assessment DPS will review the record annually If record still meets criteria, another Surcharge Notice will be mailed Dollar amount of surcharge may change based on record at time of review

Handouts FAQs  Available at Moving violation list  Available at TACwww.sos.state.tx.us Phone numbers  MSB , IVR address  Correction form

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