Surcharges

From the Law Office of Alison Grinter in Dallas, Texas

(Redirected from Surcharge)

Surcharges are fees assessed to drivers who have been convicted of certain offenses. Surcharges are assessed by the Department of Public Safety (DPS) under a portion of the Transportation code called the Driver Responsibility Program (TRC § 708; Article 10, House Bill 3588, 78th Legislative Session), it is known by attorneys and drivers as one of the worst laws on the books. Surcharges are almost exclusively a tax on the poor. Only about 1/3 of all surcharges levvied have been paid, and and failure to pay surcharges has left HUGE numbers of texans with invalid or suspended licenses. Nothing criminalizes good people faster than suspending drivers licenses in a state without a solid public transportation alternative. This is an abominable law and needs to be repealed. That having been said, here's how it works:

1 What can get you Surcharges
2 How to pay them
3 Waiver of surcharges for indigent drivers
4 Driver Responsibility Program Amnesty Through April 7, 2011
5 Notes

What can get you Surcharges

"Points"

DPS keeps track of traffic violations and assigns them points as follows:

Two points for a Moving Violation conviction, listed here
- Points will not be assigned for speeding less than 10% over the posted limit or for seat belt convictions.
Child Safety Seat Violations will accrue two points.
Three points for a moving violation conviction in Texas that resulted in a vehicle crash.

Points accrued remain on the driver record for a period of three years from conviction date.

If you get to 6 points, you are assessed a surcharge of $100 surcharge for the first six points and $25 for each additional point
The surcharge assessment is reviewed annually. If driver record continues to reflect six or more points during the prior three-year period, the surcharge will be assessed.

The best way to avoid this surcharge is to get deferred adjudication or Driver Safety Course dismissal for all of your tickets.

DWI or Related Offenses

For Offenses that occurred on or after September 1, 2003 - required to pay a yearly surcharge for three years from the date of conviction.

First Conviction - $1,000 each year for 3 years
Second or subsequent Conviction - $1,500 each year for 3 years
DWI with Blood Alcohol Content .16 or greater - $2,000 each year for 3 years

Failure to Maintain Financial Responsibility (No Insurance)

$250 each year for 3 years

Driving with a Suspended or Invalid License (DWLS / DWLI)

$250 each year for 3 years

Driving Without a Valid License

This is for citations for No Driver License, No Commercial Driver License, No Endorsement Violation, No Motorcycle License, or Operate with License for other Class Vehicle

$100 each year for 3 years

How to pay them

The DPS has hired Municipal Services Bureau to administer and collect the fees associated with this program.

You can pay your surcharges online at this website, and you can call to talk to someone at 1-800-688-6882. It's easier to get through to talk to someone there than DPS.

They'll usually set up a payment plan so that you can pay out your fees on a monthly basis.

Waiver of surcharges for indigent drivers

H.B. 2730 amended section 708.158 of the Transportation Code to state that DPS shall waive all driver’s license surcharges for a person who is indigent. A person may submit the following to establish indigency:

most recent federal income tax return or
wages reflecting the person’s household income does not exceed 125 percent of the federal poverty guidelines or
documentation that the person is receiving governmental assistance.

Also, DPS cannot suspend a driver’s license for 105 days from the date of the assessment of a surcharge and the person is entitled to three notices before there is a suspension.

Driver Responsibility Program Amnesty Through April 7, 2011

From Grits for Breakfast:

Drivers who've defaulted on so-called Driver Responsibility surcharges assessed before 2009 can apply for Amnesty at this website or call 1 (877) 207-3170. A separate program reducing surcharges for indigent drivers with incomes below 125% of the federal poverty level will begin in April. And don't forget, for those with defaulted surcharges who aren't eligible for Amnesty and still can't afford to pay, you can still apply for an occupational license: An appellate court recently ruled that drivers whose licenses are suspended over surcharges are eligible for occupational drivers licenses.