At least, the excusion of out-of-state motorists is constitutional. This is today's ruling from a Henrico County Circuit Court judge.
What I find amazing is that people pointed at the initial lower-court ruling as "proof" that the abuser fees were unconstitutional. What many missed was that the lower-court ruling stated that the exclusion of out-of-state motorists was unconstitutional, and not the fees themselves.
I think that including out-of-state motorists would be a fair amendment to the Abuser Fee rules. However, the Circuit Court judge disagrees...he believes that since Virginia motorists are the mass majority of drivers on Virginia roads, that there is a reasonable case for placing the scope of the fees on Virginia drivers only.
One can only look to the Capital Beltway and the Northern Shenandoah Valley to see a lot of fallacy in that statement. I see many West Virginia tags on I-81, and many Maryland and D.C. tags on the Beltway and I-66...so I would have to personally disagree with the judge on this one.
It will be interesting to see how this plays out.