In a decision that surprised few, U.S. District Judge William Smith ruled Rhode Island’s truck-only tolls violated the Commerce Clause of the Constitution.
“Because RhodeWorks fails to fairly apportion its tolls among bridge users based on a fair approximation of their use of the bridges, was enacted with a discriminatory purpose, and is discriminatory in effect, the statute’s tolling regime is unconstitutional under the dormant Commerce Clause of the United States Constitution,” Judge Smith wrote in his 91-page decision.
Under former Gov. Gina Raimondo, the state pushed a narrative effectively vilifying truck drivers for the state’s persistently poor road conditions. With the strategy of targeting a class of hard-working men and women who mostly do not vote in the smallest state in the union, the Raimondo Administration pick-pocketed owner-operator and freight carriers to the tune of $45 million annually with little political pushback. Approximately 81 percent of the tolled Class 8 trucks were registered in other states. Fortunately, the Rhode Island Trucking Association and American Trucking Associations, among others, sued the state and forced a bench trial.
“We told Rhode Island’s leaders from the start that their crazy scheme was not only discriminatory, but illegal,” American Trucking Associations President and CEO Chris Spear reportedly stated. “We’re pleased the court agreed. To any state looking to target our industry, you better bring your A-game… because we’re not rolling over.”
The state put forward a losing argument in the rollout to passing anti-trucker legislation and at trial. The reasoning — true or false — was that heavy-duty commercial vehicles are responsible for consuming 30 percent of a bridge’s life expectancy. That argument failed in court because Rhode Island did not tax the 70 percenters any amount. And, the tolling stations on I-95 do not necessarily correlate to trucks passing over bridges. The locations, however, do maximize the fees siphoned off from interstate commerce as tractor-trailers travel up the coast.
At trial, trucking organizations joined by Cumberland Farms convenience stores proved bias. Judge Smith noted that the plaintiffs “presented compelling evidence that the General Assembly sought to protect local businesses with its decision to toll only Class 8+ trucks.”
Some Rhode Island residents believed the truck-only tolls were a stepping stone to a broader money-grab. The state’s legislature has amassed a history of enacting one piece of legislation, claiming the next step is not on the table. This occurred with seatbelt rules that lawmakers went on the record promising no monetary fines would go on the books. They did, with the caveat that law enforcement could not make traffic stops solely based on failure to wear a seatbelt. That, too, went out the window.
With Raimondo now serving as the Commerce Secretary in the Biden Administration, current Gov. Dan McKee quickly indicated the tolling program would not be expanded to passenger vehicles, i.e. Rhode Island voters.
“We want to be very clear: the Governor and his Administration do not support and would not implement a tolling program on passenger vehicles,” Matt Sheaff, a spokesman for Gov. McKee reportedly stated. “As this ruling has just come out, our team is reviewing the decision and evaluating next steps.”
Judge Smith ordered the state to stop levying tolls against truckers within 48 hours.
Sources: wpri.com, providencejournal.com, bostonglobe.com, turnto10.com, middletownexpress.com
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