July 20, 2023

Van Hollen, Coons, Wicker Introduce Bill to Reduce Debt-Based Driver’s License Suspensions

U.S. Senator Chris Van Hollen (D-Md.) joined Senators Chris Coons (D-Del.) and Roger Wicker (R-Miss.) in introducing the bipartisan Driving for Opportunity Act to provide incentives to states that choose to end debt-based driver’s license suspensions. Millions of Americans have their driver’s licenses suspended simply because they are too poor to pay fines or fees, and not for any public safety reason. These debt-based driver’s license suspensions make it harder for Americans to go to work to pay off their debts and place an unnecessary burden on the police, diverting resources that should go to public safety. 

In addition to Senator Van Hollen, the bill, led by Senators Coons and Wicker, is cosponsored by Senators Dick Durbin (D-Ill.), Chuck Grassley (R-Iowa), John Boozman (R-Ark.), Richard Blumenthal (D-Conn.), Sheldon Whitehouse (D-R.I.), Kevin Cramer (R-N.D.), James Lankford (R-Okla.), Thom Tillis (R-N.C.), Ron Wyden (D-Ore.), and Shelley Moore Capito (R-W.Va.). The bill was previously introduced in the 117th and 116th Congresses.

“Taking away access to a driver’s license over debt is a totally counterproductive policy – it does nothing to advance public safety, but it does make it even harder for people to pay the very bills for which they are being penalized. Many Americans depend on being able to drive for bringing their kids to child care, getting to the grocery store – or most critically – getting to work. This bipartisan legislation will help us eliminate these misguided laws that trap too many Americans in poverty,” said Senator Van Hollen.

“A driver’s license doesn’t just help you move from one place to another – it means access to their jobs, their livelihoods, and their communities for millions of Americans,” said Senator Coons. “Debt-based driver’s license suspensions not only severely restrict Americans’ mobility, they also make it nearly impossible for citizens to hold down a job and therefore pay back their debts. My bipartisan Driving for Opportunity Act would stop the disproportionate targeting of underserved populations, end the counterproductive policy that burdens our law enforcement, and break this vicious cycle of debt.”

“Suspending driver’s licenses for unpaid fines and fees is counterproductive,” said Senator Wicker. “Americans need access to vehicles to work and to care for their families. My home state of Mississippi rightly banned this practice in 2018. This legislation would encourage other states to follow our lead.”

“Taking away someone’s driver’s license due to unpaid debts is unnecessary and hurts that person’s chance of actually repaying the debt that they owe. This commonsense, bipartisan bill is supported by law enforcement because it lets people drive safely to work, without fear of arrest, so they can pay off what they owe and support their family’s needs,” said Senator Durbin.

“If the government wants people to pay fines, then the government shouldn’t prevent them from getting to work. Our bill resets the incentives to stop the circular problem of states suspending licenses for anyone who owes fines or fees. This is especially important in rural states like Iowa, where travel by car is even more necessary,” said Senator Grassley

“Driver’s licenses allow people to get to work, school, and doctor’s appointments so that they might eventually break out of a cycle of debt,” said Senator Whitehouse. “Our bipartisan legislation will put an end to debt-based driver’s license suspensions that penalize people with clean driving records who are trying to get on a stable path.”

“In a rural state like Arkansas, vehicle transportation is often the only practical way to get to work, home, and other important destinations. Cutting off an individual’s ability to travel, including to a job, because of unrelated fees is counterproductive in addition to having no effect on public safety. I’m proud to be part of the bipartisan effort to shield Americans from this unwarranted penalization,” said Senator Boozman.

“This bill would protect vulnerable Americans from losing their driver’s license – an everyday necessity – simply because they owe unpaid fines or fees. Without a license, people can’t get to work – and pay what’s owed – not to mention get kids to school, or get needed health care, and much more. Suspending driver’s licenses for offenses that have nothing to do with public safety, like missed child support payments or unpaid court fines, is counterproductive and traps the poorest Americans in a cycle of debt. This issue disproportionately affects communities of color and can significantly strain relationships with law enforcement. I’m glad to join a bipartisan group of colleagues to right this wrong,” said Senator Blumenthal.

“Having a driver’s license in Oklahoma is a requirement for most people to get to work many miles away and take care of kids and senior adult family members,” said Senator Lankford. “Losing a driver’s license because of an unpaid fine or fee can cause individuals to lose their job, which only further keeps them from paying the fines and fees. That is a nonsensical debtors’ prison for low-income drivers, not a public safety issue. We can and should help states provide compassionate flexibility to lift people out of this cycle of poverty.”

“Suspending licenses because of unpaid debts is unproductive and makes it harder for people to live out their daily lives, especially in rural states like North DakotaWithout a license, people can’t commute to work or the doctor’s office, hold a job, or support their family financially, creating a never-ending cycle of debt,” said Senator Cramer. “Our bill incentivizes states to adopt laws which would relieve burdens put on police to enforce these suspensions and allows law enforcement to focus on public safety.”

“Financial holds on driver’s licenses are counterproductive, and only create more barriers on an individual’s ability to pay a fine or a fee. I’m glad to join a bipartisan group of my colleagues to introduce a commonsense solution to this issue,” said Senator Capito.

The Driving for Opportunity Act would authorize the U.S. Department of Justice to provide grants to states that do not suspend or refuse to renew a driver’s license for an individual’s failure to pay a civil or criminal fine or fee. The grants would be awarded to states to cover the costs of the driver’s license reinstatement programs, to build programs that would maximize the number of individuals who regain their driving privileges, and to assist people living in areas where public transportation is limited.

Research increasingly shows that suspending driver’s licenses for unpaid fines and fees negatively impacts families, communities, and law enforcement:

  • It leads to increased unemployment and underemployment. According to a report by the Motor Vehicles Affordability and Fairness Task Force in New Jersey, 42% of those who lost their licenses due to certain non-driving-related offenses lost their jobs as a result, and 45% of those who lost their jobs were unable to find new employment. Eighty-eight percent of those who were able to find another job reported a decrease in income. A Harvard Law School report called the suspension of driver’s licenses “one of the most pervasive poverty traps for poor people assessed a fine that they cannot afford to pay.”
  • It puts people at risk without benefit to public safety. According to the American Association of Motor Vehicle Administrators, 75% of suspended drivers continue to drive, facing further fines, fees, and incarceration if they get pulled over. Police officers will then be required to make traffic stops as debt collectors, and unnecessary traffic stops can be unsafe.
  • It does not help collections. A report by the San Francisco City Treasurer found that ending debt-based license suspensions in the city had “no negative impact on collections.” A report by Texas Appleseed noted that although Dallas suspends licenses for unpaid fines and fees and Fort Worth, Texas, does not, Fort Worth had slightly higher collections than Dallas did.
  • It takes up law enforcement officers’ valuable time. Driving on a suspended license is a common charge in jurisdictions across the country, and consumes substantial police and prosecutorial resources.    
  • It disproportionately harms rural communities and minorities. Only 11% of rural residents have access to public transportation services. Studies show that Black and Latino people are more likely to be the subject of traffic enforcement and have their license suspended, despite comparable traffic violation rates.

The bill text is available here.