View Single Post
Old 09-30-2019, 11:37 AM   #12 (permalink)
bluesight
Hybrider
 
Join Date: Mar 2013
Location: United States
Posts: 34
Thanks: 1
Thanked 8 Times in 4 Posts
Here is a different focus for an argument to make to Gov Evers that will also hopefully fit in his "Voice Your Opinion" page. This is a little more specific for Prius owners. Again, edit as you see fit...

B
---
Governor Evers,

I am a member of the community of hybrid-electric vehicle owners, specifically, gas-only hybrid-electric vehicle owners. I respectfully request that you instruct the Wisconsin Department of Transportation (WI DOT) to stop collecting the $75 hybrid-electric vehicle fee that is now being imposed on gas-only hybrid-electric vehicles. The fee is subject to successful challenge, being clearly inappropriate, unfair, and probably illegal under tax law:

"Equal protection requires that classification rest on real and not feigned differences, that the distinction have some relevance to the purpose for which the classification is made, and that the different treatment be not so disparate, relative to the difference in classification, as to be wholly arbitrary."

According to the Wisconsin Legislative Fiscal Bureau's own analysis in "Paper #696" dated May, 2019:

Regarding a comparison between a 2017 gas-only Prius and a 2017 Honda Fit: "setting the additional hybrid-electric fee at $32 annually ($75 current fee - $43) would be more in line with the difference in state fuel taxes paid by a hybrid-electric vehicle compared to a conventional fuel-powered vehicle."

but, more critically:

"between two comparably-sized vehicles, one conventional and one fully hybrid-electric, the hybrid electric would typically pay less in fuel costs, including state fuel taxes. However, the same concept would hold for any consumer who makes a decision to purchase a more fuel efficient vehicle when choosing between two conventional vehicles. That consumer would also pay less in fuel costs, including state taxes, than if the consumer had chosen the less fuel efficient vehicle."

The imposition of a $75 fee on gas-only hybrid-electric vehicles is entirely disparate, relative to the difference in efficiency classification, as to be wholly arbitrary both for vehicles generally considered hybrid-electric, and any other efficient vehicle.

There appears to be no motor vehicle taxation exemption under the "Equal Protection Clause" for this type of arbitrarily targeted fee. On all points, and as previously stated, the gas-only hybrid-electric vehicle fee is inappropriate, unfair, and probably illegal.

Other members of this community have already contacted you about the poorly worded and unworkable legislative and WI DOT definitions being applied to hybrid-electric vehicles. They have also challenged the opaque and apparently arbitrary processes and procedures WI DOT is using to target vehicles for the $75 fee.

All of these arguments are clear and compelling. So, again, as a member of the gas-only hybrid-electric community, and an affected Wisconsin citizen, I request that you, as governor, instruct the Wisconsin Department of Transportation (WI DOT) to stop collecting the $75 hybrid-electric vehicle fee pending challenges to its implementation.

Sincerely,

Last edited by bluesight; 09-30-2019 at 11:52 AM..
  Reply With Quote