The Role of Traffic Fines and Fees

*This presentation does not represent the stance or views of the DC Mayor's office. This presentation is the result of independent research conducted by Georgetown students.

The historic reality in DC is that zoning regulations, infrastructure through the construction of highways, and redlining have all resulted in the institutionalization of racial segregation. 

• The Alley Dwelling Act of 1934 prevented black residents from living in parts of DC, which resulted in these residents being pushed to resettle in areas East of the River.
• These places were semi-rural at that time and it isolated these residents from the rest of the city.
• In addition, the construction of these new neighborhoods meant there was also a lack of basic amenities available to the residents. 
• The overall result of these actions was the identification of “undesirable” areas in the city where the black residents either lived or were expected to move to. These areas were identified as part of the Federal Housing Administration report in 1937 and they are shown below ¹ .

• In addition, the areas East of the River where the black residents moved saw further disruption with the creation of highway systems through the area.
  • The Suitland Parkway and then Interstate 295 were constructed right through these neighborhoods. 
  • These roads were built to further separate and isolate these communities and also as a thoroughfares into the city for the white residents who fled to the suburbs. 
  • They were considered “white men’s road going through black men’s homes” ² .

The history of institutionalized segregation continues to have lasting impacts today.

• Over time, the separation of the black  residents living East of the River  compounded due to  the lack of transportation options.  
  • The District initially focused on connecting the northwest and downtown areas of the city. Only after that were some transportation options introduced to Wards 7 and 8, East of the River. 
  • Hence, overall there has been a lack of wider spread transportation options for the residents of Wards 7 and 8. 
• Currently, some of the areas with the greatest need for transportation are also the areas that are predominantly black neighborhoods and low income neighborhoods.

• Areas of the District with the greatest transportation needs are shaded darker. 
• Areas of the District with the least transportation needs are shaded lighter.
• Horizontal lines denote 'High density of People of Color' and vertical lines denote 'High Density of Low-Income Residents'. Notice how they overlap with darker shaded areas.

In the context of these implications, it is important to now consider the current policy landscape of the District.

In 2015, the District of Columbia committed to reducing the number of traffic-related deaths as a public health concern by 2024 through Vision Zero. 

• As the chart above shows, there is a particular need to reduce the traffic related deaths in Wards 7 and 8. 
• As mentioned earlier, some of the main highways running through the city pass through Wards 7 and 8.
• A primary reason for traffic related injuries is speeding, and so through Vision Zero, a network of roads were identified that have a higher potential for traffic related injuries. 
  • This system was dubbed the “High Injury Network”.

To address the concern of speeding in the District, a system of automated traffic enforcement (ATE)  systems were installed to ticket drivers that violated traffic speed postings.

• In particular, The District Department of Transportation (DDOT) prioritizes ATE placement in and around the ‘High Injury Network’ (HIN) of corridors and roads in DC where most traffic injuries occur. 
• This kind of identification and ticketing system was used to help change driver behavior. 
  • DDOT estimates that 70% of drivers  who receive tickets do not receive additional tickets, suggesting changes to behavior.
  • In addition, the ATE systems were seen as a neutral system of traffic enforcement as no human judgment is involved in enforcement. 

ATE tickets are issued to vehicle owners rather than the driver at the time of the infraction and are mailed directly to the address on file with the vehicle’s registration.

• Fine amounts range from $100-500. 
• Tickets may be contested online, by mail, or by court appearance within 60 days of issuance. 
• To encourage ticket compliance, the ticket amount doubles after 30 days if unpaid. 
• After 90 days, unpaid tickets become “delinquent debt” and are sent to the Central Collections Unit (CCU) and may incur additional surcharges. However, with the increased use of ATEs, fines have been accumulating more.

Given this historic reality of institutionalized segregation and economic inequity coupled with systematic oppression that has resulted in neighborhoods with less access to transportation but higher risk of traffic related injuries, it is important to contextualize and evaluate  current policies related to ATE systems and the traffic fines and fees schedules with these complex circumstances. 

Examining data from fiscal years 2020 through 2022,, the average number of tickets received by the registered cars in DC have been fairly consistent. In FY 2020, the average number of tickets was 2.26; in FY 2021, it was 2.41; finally, in FY 2022, it was 2.38. However, even though the average number of tickets remained the same, the total accumulated fees on average has been increasing over time. 

[Graphs Redacted]

The graphs above show the ballooning of these fees over time. This phenomenon is particularly visible in zip codes 20032, 20019, 20020, and 20018, which are all zip codes East of the River. 

In addition, these same zip codes see a decrease in their repayment rates over these years. 

Because fees rack up when fines are left unpaid, we can look at the accumulation of penalties as a proxy for the ability to pay. 

• Understanding the difference between the face value of the fine and the fees accumulated due to not paying a traffic ticket on time can provide us with some insight into people’s ability to pay.

• The decreasing repayment ratio in certain neighborhoods indicates the inability to pay the accumulated flat traffic fines. 

As seen in the figures above, cars registered to residents living in the zip codes East of the River (in Wards 7 and 8) are most impacted by the inability to pay their traffic tickets.

• The populations of Wards 7 and 8 are majority Black and have the highest poverty levels in DC: 60% of families who live in poverty are in Wards 7 and 8.
• The median incomes in Wards 7 and 8 are $50,130 and $44,665, respectively; the median income Districtwide is $102,806. 
• Overall, the racial income gap in DC is one of the starkest in the US – white households currently earn roughly 3x that of Black households.
• In one particular study, it was shown that a  traffic fine of  $175 causes low-income drivers with an inability to pay to accrue penalties. This has a multiplying effect that leads to financial distress similar to that of  a $950 income loss ³ . 
• Hence, for those who on average have less of an  income, these amounts can prove too burdensome especially considering the other life sustaining payments they need to make (i.e. food and housing). 

Previously, laws like the Clean Hands Law prevented those who owed more than $100 in fines and fees from participating in government services and activities like acquiring a driver's license for example. However, this practice ended in July 2022 with the passing of the DC Clean Hands Equity Amendment of 2022. However, apart from this law, there has been a systematic move toward increasing Automated Traffic Enforcement (ATE) systems throughout the city, which also helps explain some of the higher accumulation of traffic fines.

It is important to examine the location of the ATE systems in relation to where registered drivers are getting the tickets for traffic violations. 

• The graph below above shows that those zip codes that receive the most traffic tickets are located close to where the ATE systems are concentrated, which suggests that the system is doing what it is supposed to do. 
• Those zip codes East of the River do not accrue the most traffic tickets. Therefore, cars registered to these zip codes should not

However, the earlier trends and information all indicate that those cars registered to the zip codes East of the River collect the most traffic violations and, hence, are most affected by the traffic fines and fees. The graphs below summarizes these trends and they show that zip codes East of the River (20019, 20020, 20032) collect some of the most traffic tickets (as shown by the Total Fine Amount), accumulate the most penalties (as shown by the Total Penalties), and have the lowest repayment rates (as shown by the Total Amount Due). 

Hence, it is important to show that residents with registered cars from zip codes East of the River receive a high portion of their tickets from locations where they do not live. For example, those living in zip code 20020, receive a high portion of their tickets from neighboring zip codes as well as zip codes across the city.

The combination of factors mentioned above - a lack of transportation options, and highway divisions within and surrounding Anacostia - result in a larger burden of traffic fines and fees placed on residents of wards 7 & 8.

With plans in motion to increase the ATE systems in the city to help further reduce traffic related injuries, it is important, now more than ever, to consider a restructuring of the fees and fines system while ensuring that public health and safety concerns are addressed.

In March 2023, through the  Mayor’s Order 2023-046, the ATE Taskforce was formed to examine the very concerns related to  ability to pay and the fees and fines schedule that have become part of the discussion with ATE systems.

Moving forward, there are some short-term, medium-term, and long-term pathways ahead.

• ATE cameras do seem to be effective in the short-term in reducing speeds, which is the leading cause in traffic injuries. 

• In the medium- term, an examination of the restructuring of fees and fines should be pursued and this will be done through the ATE Taskforce.

• In the long-term, by implementing engineering changes to roads and the installation of speed bumps, instances of speeding may be reduced, which can help lower the overall financial burden to the poorest DC residents.