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“In January, we will make changes that would apply abusive driver fees to both Virginia and out-of-state drivers, as was the original intent of the General Assembly. We also remain committed to enacting this change, as well as to making whatever changes necessary to ensure this safety measure applies only to the most egregious and regular abusers of the rules and laws of Virginia’s roads.”

Mr. Kaine has maintained that the appropriate action for lawmakers now is to monitor how the program pans out and revisit the law when the General Assembly convenes in January.

“The governor repeatedly has said we will work with the legislature in January to find ways to fix any problems with the abusive driving fees,” said Kevin Hall, Mr. Kaine’s spokesman.

Delegate David B. Albo, the Fairfax County Republican who co-sponsored the original proposal, agreed with the ruling and said he plans to tweak the law after the legislative session begins so it includes out-of-state drivers.

The ruling “really doesn’t matter to me because we are going to put the out-of-staters back in in January,” he said.