Rhode Island’s controversial truck-only tolls have been facing legal challenges in federal court since last year. This week a federal judge dismissed a major lawsuit against the tolls on the basis that the case should be heard in a Rhode Island court instead of a federal one.
Aimed at funding Gov. Gina Raimondo’s RhodeWorks program, the truck-only tolls are expected to raise $1 billion from trucks over the next 10 years. Of the 14 planned toll gantries, only two are currently operational.
In July, shortly after the first toll was paid, the American Trucking Association (ATA) sued the state. ATA and its fellow plaintiffs argued that the tolls were an unconstitutional bar on interstate commerce, thus violating the U.S. Constitution’s Commerce Clause.
Lawyers for Rhode Island filed for a dismissal of the case, also by citing constitutional law. According to RI, both the 11th Amendment and the Tax Injunction Act prevent a federal court from deciding on the case. The Tax Injunction Act ensures that federal courts don’t have jurisdiction over taxes collected by a state. And since the tolls amount to a tax, Chief Judge William Smith agreed that the case should be argued in state courts.
“Here, the facts are clear that the fees, while dubbed ‘tolls,’ are really a highly targeted and sophisticated tax designed to fund infrastructure maintenance and improvements that would otherwise need to be paid for by other forms of tax-generated revenue,” Smith wrote in his decision. “As such, the court is without jurisdiction under the TIA; the federal case must be dismissed and ultimately heard in the courts of Rhode Island.”
It’s possible that the decision by the federal judge not to hear the case could be a de facto ruling in its own right. That’s because federal courts are allowed to hear cases concerning state laws when the lawsuit concerns whether or not a state law violates the constitution. Since ATA’s case does hinge on a question of constitutionality, a refusal to hear the case in a federal court could imply that the judge does not see a constitutional issue with the law.
It is not yet clear whether that’s the case, or whether the state has simply bought itself more time by forcing the ATA to start from scratch in a new court. It’s also possible that arguing the case in a state court could affect the outcome of the lawsuit.
ATA Deputy General Counsel Rich Pianka told Heavy Duty Trucking that the ATA is “disappointed” in the decision to dismiss the case and that the group is “considering next steps.” Either way, Pianka said that the ATA “looks forward to vindicating its underlying claims on the merits, whatever the venue.”
Source: truckinginfo, overdrive, ttnews, truckersreport, findlaw
Trolo says
That is easy to fix, stop going to that state and lets see their reaction
Mark says
Blah, blah, blah…same response every time. It is NEVER going to happen, so just stop with the ” don’t go there ” bs
Steve Gross says
Just don’t go. That’s easy no trucks no tolls no products
Jjags says
Never happen, truckers live to get screwed but too dumb to do anything about it. Yes, I said it. They keep on bending over time and time again
Max says
Increased tolls will become a standard practice by many states. The trucking industry needs to get together and mandate a ‘excess toll surcharge’ on it’s billing just like the ‘fuel surcharge’ was given birth by rising fuel costs back in the 70’s.
Rufus says
I am not a citizen of Rhode Island. I am a U.S. citizen. If I drive on a federal highway I have already paid my tax. Allowing a state to tax me simply because I live in another state, or because I have a specific job is unconstitutional. if they want to tax me for driving on a local road that is legal, but I have the choice not to drive on that road. Taxing me for driving on the only road I’m allowed to drive on is prejudicial,unless all drivers are taxed as well.
Jughead says
Grease up and be ready, they will screw you everywhere now. Ct was waiting on this
JudgeRightly says
The government should stop wasting money on unnecessary programs, and use the money from those programs to build good roads, which is one of only two responsibilities a government has. If they did that, there would be no need for toll roads.
David Hutchison says
The next state to worry about is Connecticut, the newly elected Democrat governor is getting ready to put tolls on I-84, I-91, I-95, and US-15. The rate for cars will be approx $.05 per mile so semis will be about $.30 to $.50 per mile.
Michael Grossman says
Not going to or thrue that state may not be an option but as one person comented tack it on to the shipping rates its only fair why should the drivers be out that money its an operating expence
Shoe says
I’m not going there so here’s one
Anthony Hoffer says
Your honor, or perhaps not? Why in the world should the case be heard in a Road island court instead of a fed court? Seems to me that when the defendant, ” in ths case ” that would be the state of rhode island defendant et el, in what should be the case of the United States of America, the dept of the treasury and the dept of taxation the dept of highways and more Vs’s the state of rhode island defendant. Because it is still current law that no state can toll an existing highway interstate or roadway otherwise , because they were paid for by the American tax payers. Nuff said.
Michael Verley says
That is true & Connecticut already knows this bcuz they are the only state besides Kentucky On the Pennyryle parkway that removed the toll when the road was payed for. Look what Indiana did, jacked up the toll so they could use the money for hiking trail & such. Why the hell do we have to pay for that to be built? Only a small portion would go back into the toll road.
Kevin Chevalier says
If you don’t want to pay tolls avoid these states
John holt says
Wanna stop this, then boycott these states and by how we do it, don’t buy fuel in these states then you will get they’re attention
Jason says
When fuel rates rise, carriers adjust their fuel surcharge to reflect it. Why not just add a RhodeWorks surcharge to any load delivering to, or picking up from, Rhode Island?
But do not just add a surcharge sufficient to cover the tolls. Make it a ridiculously large amount that is as absurd as their truck-only tolls.