Legal, Political and Ethical Dimensions

PROJECT WEEK 2: Proposed Regulation Changes to the Department of Motor Vehicle.

Keller Graduate School of Management

GM520: Legal, Political and Ethical Dimensions

Professor: Ms. Afiya Whitman

July 15, 2011

1. The Department of Motor Vehicle of the State of California is proposing various regulation changes to better control Online Traffic Violators School. I recently committed a traffic violation (exceeding the speed limit on a California highway). Any changes to the existing regulation will affect my ability to attend Traffic School. I was planning to attend Online Traffic Violator School to prevent an increase of my vehicle insurance and a reduction of any points from my driving record (source: Title 13: Department Of Motor Vehicles).

2. The DMV is claiming that over the years they have "exercised oversight of Traffic Violator School (TVS) programs operating in a classroom setting; however, no authority existed to oversee home study or Online Traffic Violator School programs". The proposed Assembly Bill (AB) 2499 (Chapter 599; Statutes of 2010) will place home study and Online Traffic Violator School programs under the authority of the DMV. Also the bill will allow the DMV to provide operator training, established curriculum requirements and set operating hours, the same as the day courts in all counties of the State of California. (source: Title 13: Department Of Motor Vehicles)

3. If the portion of the proposed change by the DMV (changing the operating hours of Online Traffic Violator School, the same as the day courts in all counties of the State of California is approve, it will create a financial burden on most of the violators that use the service. By changing the operating hours, users will have take time-off from work to attend traffic school.

4. The deadline for all public comments is no later than 5:00 P.M. on August 8, 2011.

5. If the proposed regulation is approved, it can be overturned as the regulation does

violate the Commerce Clause (Moody, 2010). The service does apply to residents of the State of California as well as out of state driver and any changes to the existing regulations will constitute an unreasonable burden on interstate commerce.

Only Congress has the power to regulated interstate commerce as specified in the Commerce Clause (Moody, 2010). In this case, the change to the operating hours of Online Traffic Violators School will apply equality to residents of the State of California as well as out of state driver.

In So. Pacific Co. v Arizona (1945). This