New PA Bill Allows Driver’s License Suspension for Failure to Pay Restitution

Here is another case where lawmakers have a very short sighted idea of the driving privilege, and being able to remove that privilege to enforce a civil penalty may cause more harm than good. State Representative Keith Gillespie from the 47th District, Pennsylvania House of Representatives is trying to give assistance to the damaged parties in auto related violations. His plan is to enact a drivers license suspension on the defendant who has been found guilty, and had additional penalties imposed by the judge to compensate the damaged victim.

The idea sounds great as a tool to make the violator feel more pressure to pay all monies owed. As it stands right now, a license suspension can be enforced for non payment of the courts fine and costs, but not for damages owed. A license suspension in PA can also be established for failing to pay a civil judgment if the resident was sued for an automobile accident.

I do not agree that any of these monetary civil issues should result in a license suspension, or there should be other options to prevent the additional burden to the state and the driver. Adding indefinite license suspension time does not help anyone, and actually causes greater harm.

Should what is essentially a civil matter be enforced through state resources? PennDOT is currently looking at ways to make cuts and reduce operating costs. Adding additional operation expenses by increasing license suspension administration should not be happening. I understand that the safety of the residents is the primary concern, but calling for increased administration costs for a civil matter is not the right way to do it. Making a victim "whole" as State Representative Keith Gillespie put it, should not be put on the back of our Department of Transportation or government. There are processes that a victim can take to collect any monies that may be owed arising from damages by the defendant, if those processes are not adequate, then do something about that rather than adding legislation and adding additional burden to the tax payers.

The system of assessing a drivers license suspension for monitary penalties is wrong for the defendant and victim as well. This system has been studied and there is no determination that suspended a drivers license help with collection of monies owed. In fact, a according to a survey of suspended drivers conducted by researchers at Rutgers University, many respondents with a history of license suspension experienced

employment impacts resulting from their driers license suspension:

• 42 percent of survey respondents with a history of suspension lost their jobs when they had their driving privileges suspended.  Job loss was  experienced across all income and age groups; however it as most significant among low-income and younger drivers.   

• 45 percent of those that lost their job because of a suspension could not find another job. This was true cross all income and age groups but most pronounced among low-income and older drivers.

• Of those that were able to find another job, 88 percent reported a decrease in income. This was true in all income and age groups but most significant among low-income drivers. 
  All above information was provided by the MOTOR VEHICLES AFFORDABILITY AND FAIRNESS TASK FORCE

Taking the financial situation of the defendant into consideration, asking them to make payment on any money owed, and reducing their income at the same time can not seem sensible to any reasonable person. In addition to adding hardship to the defendant by reducing their income, you also reduce their contributions to the state thereby reducing taxable income that only magnifies the issues with the additional costs to Pennsylvania.

3rd issue - no access to alternatives. This could alleviate number two, but cause an increase in number 1 if you allowed access to the Occupational Limited License. There is a middle ground that is already in place in Pennsylvania. The Occupational Limited License (OLL) or Work License is a restricted license that allows a suspended driver the ability to continue to work, attend school, or get to medical treatments. This restricted license can allow a defendant to continue working, earning income, and leave them with some hope of pulling themselves out of the hole. This would be a great opportunity to have this restricted license count for financial violations, and give some of these residents access to employment opportunities that may not be there with a full license suspension. This restricted license will also give the victim hope that they will be compensated for the damages, so it would be a win for both defendants and victims.

Please write to your state representative and tell them about how this limited license can be the answer to both problems. Let the reps know your feeling so they can vote accordingly!

More Information;
PA House Representatives
Drivers License Suspension Help
State Representative Keith Gillespie