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 78th 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 15.89 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$ 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 surchargeFirst 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 1-800 telephone number; an mailing and email 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 allowedOutbound 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 15.162Previously, 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 15.163

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 www.txdps.state.tx.us Moving violation list

Available at www.sos.state.tx.us, TAC Phone numbers

MSB 1-800-688-6882, IVR 1-866-440-3736 Email address

msb@txdps.state.tx.us Correction form

THE END