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DRIVER RESPONSIBILITY PROGRAM

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

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DRIVER RESPONSIBILITY PROGRAM

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  1. DRIVER RESPONSIBILITY PROGRAM

  2. 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

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

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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. Compliance • May pay in full or driver may enter into an installment agreement plan, TAC Rule 15.162 • 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

  17. 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)

  18. 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

  19. 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

  20. 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

  21. 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

  22. THE END

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