Rhode Island DOT Appeals Truck Tolling Case

The Rhode Island Department of Transportation (RIDOT) is appealing a federal court ruling that its trucks-only tolling program is unconstitutional. In a 181-page brief, RIDOT requested the Sept. 21 decision be reversed and oral arguments are held. The toll charge was part of then-Gov. Gina Raimondo’s RhodeWorks program had been projected to generate $4.7 billion. The lawsuit, filed by the American Trucking Associations and two motor carriers, alleged the tolling plan discriminated against out-of-state heavy trucks. The district court ruled the program unconstitutional under the dormant Commerce Clause. RIDOT maintains the case presents important questions relating to federalism and the Commerce Clause.

“The Commerce Clause regulates effects, not motives, and it does not require courts to inquire into … legislators’ reasons for enacting a law that has a discriminatory effect,” RIDOT said. “If legislation were deemed ‘discriminatory’ every time a legislator declared she had heard her constituents’ concerns, few laws would survive.” It added, “The district court gleaned discriminatory intent from stray statements by two officials. But this court has cautioned against precisely that error. Second, RhodeWorks does not unduly burden interstate commerce — its per-crossing tolls on the heaviest vehicle classes represent a ‘fair approximation’ of bridge use.’” RIDOT further maintained that the tolls “apply even-handedly to the vehicle classes that tend to do the most damage to bridges, regardless of the vehicles’ registration. Charging all tractor-trailers does not disadvantage any similarly situated out-of-state businesses.”

RIDOT said the Commerce Clause regulates effects, not motives, and courts are not required to inquire into legislators’ reasons for passing a law with discriminatory effects. If so, few laws would survive. It also said the district court gleaned discriminatory intent from two officials, but the court has warned against that. RhodeWorks does not unduly burden interstate commerce, and its tolls are a fair approximation of bridge use. The tolls apply evenly to vehicle classes that damage bridges, regardless of registration, and do not disadvantage out-of-state businesses.

Sources: https://www.ttnews.com/articles/rhode-island-dot-seeks-appeal-truck-tolling-case