The smallest state in the union appears determined to restart an unconstitutional truck-only tolling scheme. Rhode Island Gov. Daniel J. McKee’s office recently filed his intention to appeal after a federal judge shut down the highway tolls on Sept. 21.
“By appealing, Governor McKee now takes custody, control and responsibility for Gina Raimondo’s policy that illegally stole millions from the small businesses he once championed,” said Rhode Island Trucking Association President Chris Maxwell reportedly said.
Former Gov. Gina Raimondo implemented the anti-truck industry levies after pushing a narrative that Class 8 trucks were disproportionately responsible for the state’s historically poor road conditions. Twelve e-tolling gantries were established along Interstates 95, 195, and 295. The position of the gantries targeted long-haul truckers passing through Rhode Island. Raimondo now serves as the Commerce Secretary in the Biden Administration.
U.S. District Court Judge William E. Smith noted that state officials had shown bias during the process. Its tolls primarily impact freight hauling operations and steer away from the many in-state heavy-duty commercial vehicles said to damage roads and bridges. Judge Smith’s decision indicated Rhode Island violated the Commerce Clause of the U.S. Constitution.
Signage for the truck tolls was promptly covered as the judge’s ruling ordered an almost immediate shutdown. Gov. McKee and lawmakers now face the prospect of $45 million in annual truck tolls not swelling the state’s coffers. Adding to the economic strain, Gov. McKee and lawmakers recently nixed the state’s passenger vehicle tax.
“Yes, I agree with the General Assembly, the Senate president, that this is a really good thing to do, and it positions Rhode Island on a competitive basis with our bordering states and also provides some immediate tax relief to hundreds of thousands of people,” Gov. McKee reportedly said.
Like neighboring Connecticut which plans to roll out truck-only fees, Rhode Island enjoyed a budget surplus estimated at $877 million. Upwards of $100 million of that revenue can be traced to the system since it began. Losing the $45 million in annual freight industry tax dollars may be motivating the McKee Administration to try and reverse the decision.
By contrast, the governor’s political opponent, Republican candidate Ashley Kalus, applauded Judge Smith’s order to shutter the tolls and vowed she would not appeal if elected.
“The court’s decision yesterday ruling Rhode Island’s truck tolls unconstitutional is a huge win for consumers and businesses, both large and small. The trucking industry has been crushed by soaring inflation and skyrocketing fuel prices, and tolls were yet another burden business owners were forced to bear, which then fell on consumers,” Kalus reportedly said. “I will always stand with the trucking industry, and for clarification, a Kalus administration will not appeal the court’s ruling in this case.”
Sources: providencejournal.com, wpri.com
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