Uninsured Drivers Face New Fines

Uninsured motorists stopped for traffic violations are facing huge fines under the state’s new mandatory insurance law.

A first-time offender would, at the discretion of the judge, have to pay at least $1,375 in fines, penalties and court costs, and could pay as much as $2,750. In many cases, the initial fines could be higher than the cost of insurance.

With about 30% of motorists statewide driving without insurance, the new law could overwhelm traffic courts, and, within a day of the new law going into effect, there were already signs of differences in enforcement.

“This is going to put a lot of strain on the municipal courts,” Mel Red Recana, the presiding judge of the Los Angeles Municipal Court, said Thursday. “But if it’s the law, we will try to make it work.”

As for varying enforcement policies, the California Highway Patrol has stated a more rigorous policy on issuing citations than the Los Angeles Police Department.

A Highway Patrol spokeswoman said that once an officer has issued a speeding citation, for example, a citation would be mandatory if a driver could not show written proof of insurance.

But the LAPD issued an official advisory saying that such citations were entirely discretionary on the part of officers. It said they could give warnings instead.

The discrepancy was reminiscent of the time, several years ago, that the mandatory insurance law was briefly enforced during stops for other traffic violations.

At that time, in some Los Angeles suburbs where uninsured motorists were estimated to make up as much as 70% of all drivers, a few local law enforcement officers stated flatly they would not enforce the provision.

Also, before that part of the mandatory insurance law was allowed to lapse by the Legislature, some municipal courts levied much higher fines and other penalties than others did.

As 27 other states with such laws have found, enforcement is very difficult, if not impossible. Already in California, controversy is growing. Consumer organizations are complaining that the high cost of auto insurance--especially in urban neighborhoods--makes such stringent enforcement unfair.

Insurance lobbyists also have doubts about the effects of the law. They worry it will bring on new political pressure to lower insurance prices.

What would happen if a first-time fine of $1,375 to $2,750 is assessed, and the offending motorist says he or she is unable to pay it?

That is up to the individual judge, but Recana said Thursday there would be several options.

“Needless to say, the first option would be, the judge would yank his driver’s license,” Recana said. “Second, he could impound the vehicle.

“The judge would certainly try to find out why he could not pay. If he is indeed satisfied that he cannot pay, then he would have to consider other options, like community service.

“This is going to put a lot of strain on the municipal courts,” Recana said. “But if it’s the law, we will try to make it work.”

Marsha Skolnik, a spokeswoman for the Los Angeles municipal courts, said people can avoid the heavy fines by demonstrating at the traffic court offices that although they had not been able to show proof of insurance when asked for it, they actually had valid insurance at the time.

Then, she said, the citation would be dismissed and the motorist would be charged only a $10 processing fee.

The state Department of Motor Vehicles has estimated the number of uninsured motorists in California at between 28% and 33% of the total, or between 7.2 million and 8.6 million.

While only a portion of these will have accidents or be stopped for violations in any given year, and although another provision of the law--that motorists submit proof of insurance at the time of annual registration of their vehicles--will be applicable only after March 30, the impact of the law will be wrenching.

Already, there have been calls for the Legislature to force insurance prices down.

William Ahern of the Consumer’s Union said Thursday, “We opposed this law because automobile insurance is so unaffordable for many people in urban areas, and they need it to get to their jobs.”

He pointed out that liability insurance ranges from $400 for a safe 40-year-old driver in rural areas to perhaps $3,000 for a 19-year-old male in central Los Angeles.

“Rates are down a little bit, but that doesn’t help much in the highest-priced areas,” he said.

But state Insurance Commissioner Chuck Quackenbush, who reported separately Thursday that insurance rates are dropping statewide, strongly defended the toughest features of the new law.

“Officers always have discretion on writing tickets,” Quackenbush said. “But it’s important that there be teeth in the law. I would be very distressed if this law is not enforced as the Legislature intended.”

The commissioner said he was not concerned by the high fines and assessments.

“These are willful violators of the law,” he said. “When they are caught, they should pay a hefty fine.”

At the Los Angeles Police Department, spokesman Eduardo Funes said the official advisory to all officers this week set out procedures for issuing a citation for those unable to show proof of insurance when asked for it.

Funes said the request for proof of insurance cannot be the primary reason for the traffic stop, and requests will not be made at vehicle checkpoints.

The main point of the advisory, Funes said, is that “law enforcement agencies are exempt from any penalty for failing to give a ticket. It’s at the discretion of individual police officers.”

Highway Patrol spokeswoman Sandra Houston said supervisors have told officers it is their option to not write a ticket for the primary offense, such as speeding, in which case they would not need to issue a citation for the insurance offense.

But if they write a citation for the primary offense, she said, they must write one for an insurance violation, she added.

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The New Law

Under California’s new mandatory insurance law, fines have been increased for driving without insurance, and officers have been told to request proof of insurance during traffic stops for other violations, or when investigating an accident. Here is an overview of the law.

Penalties for Driving Without Insurance

* Refusal by the Department of Motor Vehicles to re-register vehicle.

* Possible impoundment of vehicle.

* Heavy fines for those stopped for a traffic violation or involved in an accident, and who are unable to provide written proof of insurance.

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The New Fines

* First-time offense: $500 to $1,000, at a judge’s discretion, plus court costs and penalties ($1,375 to $2,750 total cost).

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Possible Penalties for Non-Payment

* Community service

* Loss of license

* Vehicle impoundment

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Insurance Costs

* The cost of state-required liability insurance varies widely depending on a motorist’s residence, age, driving record and type of vehicle. The range is $400 to $3,000.