Trucker advocacy group Owner Operator Independent Driver’s Association (OOIDA) has been fighting back against tolls that they claim are unconstitutionally high. But this week the United States Supreme Court declined to hear their case, effectively ending OOIDA’s legal battle.
OOIDA’s case targeted the Pennsylvania Turnpike’s toll hikes. OOIDA contended that the state had been illegally collecting tolls since a 2007 law allowed the PADOT to start spending toll money on non-turnpike expenses. The argument relied on the Commerce Clause of the U.S. Constitution which prohibits states from discriminating against out-of-state commerce. By spending toll money on non-turnpike expenses, OOIDA argued that the tolls were more burdensome on the out-of-state drivers than those who live in PA and are beneficiaries of PA tax spending.
Moreover, the Commerce Clause also prohibits excessively burdening interstate commerce. The Turnpike’s tolls have increased every year since 2009 and will continue to do so for the foreseeable future. OOIDA claims that the turnpike already collects tolls worth 2.5 to 3 times the amount needed to maintain the Turnpike.
OOIDA appealed to the Supreme Court to overturn the Third Circuit court dismissal of the case. By declining to hear the case, the Supreme Court has ensured that the Third Circuit dismissal will stand.
“By not hearing the case, the court has essentially ensured that all highway users will be ATMs to fund everything under the sun, and from here on out, that is exactly what will happen in other states,” OOIDA said Vice President Lewie Pugh according to FreightWaves. “We are dumbfounded that the highest court in the country thinks it’s OK for states to place the burden of solving their own bad decisions upon motorists and truckers by way of excessive tolls. It’s literally highway robbery.”
Source: overdrive, freightwaves, truckersreport, cornell
Once again OOIDA has proven to be wholly ineffective in yet another attempt to represent the interests of truckers. This is just one more event in a lengthening string of ineffectual court cases and proves the OOIDA is in need of change in strategy and tactics.
If trucking is ever to be anything more than a business for four or five mega-carriers we must take control of rates and stop worrying about things like tolls and fuel. Raise the damned rates high enough to cover the costs of tolls in whatever lanes need it. The only way we can get the rates up high enough to cover the incredibly high cost of insurance, equipment, fuel, and maintenance, along with tolls and taxes and whatever else, is to stop hauling cheap freight, stop letting foreigners come into this country and operate illegally, and below cost, and target states or areas where we have issues and stop hauling into or out of those areas, and stop anyone else from doing so. One week without trucks in Pennsylvania and the tolls will go away, two weeks without trucks and they will launch investigations into corruption over whoever stole the money that should have fixed the potholes, three weeks and they’ll actually find the corrupt folks and punish them.
We have the power, and we act like we do not.
You are obviously not an OOIDA member or you would know of the value of this organization. Not OOIDA’s fact the court would not hear this case. What IS important is that they fought for YOU to bring the case to the court.
Fault
I hear you but as you know and I know you can’t two truck drivers to stand up to this or any company big or small it’s the Love of the almighty dollar and one driver will stab the next in the back for a penny the same with company’s it will never change it human ( sinful ) nature and as for the corruption that also is human nature just look at any government operation it doesn’t matter if it’s run by the “ D’s “ or the “ R’s “ corruption will always be there just worry and take care of yourself and let the other fend for themself.
I am complete agreement with your comment except your criticism of OOIDA. I have proudly been a member since the early 80’s, knew Jim Johnston personally, and know current president Todd Spencer well. There IS NOT another group of people in this country more dedicated to the well being of the American trucker than OOIDA. True, they were dealt a major defeat re Pa Turnpike tolling issue, but their list of accomplishments for the benefit of the small business trucker ( and by class inclusion, the “mega carriers”) far exceeds their setbacks. I don’t know you and don’t care to as long as you speak from a dias of ignorance. If you truck you are against tolls and the myriad of regulations strangling today’s owner operators and small businesses. We all do our part, some more, others what they can. If you are into tearing down the decades of work others have done, please keep your friggin’ mouth shut.
The PA turnpike commission is as corrupt a body as you will ever find. They are all patronage jobs.
OOIDA makes the effort. Just because it’s not seen by the entity in power to enforce, it’s OOIDAs fault.
At least there’s a voice for us, and they do have accomplishments. Perhaps you could suggest or show us what you’ve done or could do. If not working to be part of the solution, you’re part of the problem.
Amen brother!
The Supreme court is a joke. They are nothing but criminals who by there own hands can’t be sued or removed from there positions. They think they are gods. They are low life attorneys who violate the constitution repeatedly.
I don’t think you can blame the OOIDA for the supreme court’s muddled thinking. We as a nation have allowed our politicians to politicize the courts to the point that they no longer call balls and strikes they decide according to whose side there on. If we are on the same side we celebrate the victory and the losing side tries to change the court to their side. I think we would be better off if courts were non partisan again.
The only way to stop it is to stop hauling in these states! I know company drivers can’t because most try to live higher than others but owner operator’s and lease purchase can put a end to it
A lease purchase driver is no more than a company driver in most cases the lease to never own programes are a sad joke
Amen. I’m independent OO, used to run PA. Now I only go to the east of OH if it pays at least $4 one way and $1.5 west or $2 south of NJ. OO’s have long gone avoiding this lane. You want to hear about foreigners stealing jobs? There’s no state where a person without a citizenship can get a CDL. Stop blaming them foreigners.
Sorry but you are incorrect. They are legal Imigrants brought here for the fake driver shortage. Working with green cards. But I do agree they are not the real problem. The people controlling the rates are the problem. Brokers should be eleminated completely.
This is a disappointing decision! Basically it says the states can rip truck drivers and companies off, at will. Giving the states approval of highway robbery.
I was thinking, what if we hold the cargo? When we are not paid for the lost hours, waiting to be loaded or unloaded; an appointment means all is ready for the hour, but seems is not. About fraudulent loads? You do the job and never get paid! About tolls, is theirs responsibility we are just the service provider … not going to those states is an option, but we all need to agree on it. And hold to it
They would arrest and jail you for some variation of theft. If you refused to give up truck or trailer, it would probably be something like Grand Theft Auto, which is a felony, and would peetty much preclude you from ever working in the transportation business, again.
There is always another guy that needs a job.
More reasons to stop driving in the northeast. Let them build canals and rail tracks through their communities to get there products.
Stop driving in Pennsylvania
I agree with Lucas…stop driving on the turnpike….its a highway to hell when its has bad weather…go I-76! Small avoidance will definitely make changes amongst all…you’ll see!
Do you realize I-76 is the Turnpike? I think you mean I-80 you could also run 22 or 30 Pa has spent a ton of money improving these roads but not many drivers are willing to go over the humps.
Ouch, that one really hurt, and not just trucks. Now states will feel they have carblonk (sorry about the spelling) to just put up tolls and hammer us, all of us, ugh.
Tell you what you can’t be poor in the United States.
I agree with Lucas…stop driving on the turnpike….its a highway to hell when its has bad weather…go I-76! Small avoidance will definitely make changes amongst all…you’ll see! Plus Septa Chairman is loving it and they don’t even pay to use the turnpike…but they collecting money for corruption. Check out their FBI investigation of kick backs.
I agree with Lucas…stop driving on the turnpike….its a highway to hell when its has bad weather…go another way! Small avoidance will definitely make changes amongst all…you’ll see! Plus Septa Chairman is loving it and they don’t even pay to use the turnpike…but they collecting money for corruption. Check out their FBI investigation of kick backs.
Drop your trailers at the PA state line and go back west. The only way to get this message across is make the northeast suffer from bad politics.
Fuel tax based on PA roads .125 per mile @ 6mpg avg. PA turnpike .81 per mile plus fuel tax @ .125= .935 per mile on toll road. Funds on turnpike were strictly to be put back into toll road according to the railroad agreement when sold to State of PA. Cant help financially challanged in any state govt to balance a budget.
Stay off the Pa. Pike! Hit the other roads, it may take longer but, with a little planning it may be cheaper. It least it has been for me but, as an O/O I try to stay out of the northeast unless the rate makes it worth it !
My husband and I drove for a Company who didn’t pay for the tolls, but all their deliveries where right off the PA Toll Road. To go around, either on 80, or 68 took an extra 4 – 5 hours, depending on weather, road and traffic conditions. We started refusing to take the Toll Road, and the company didn’t like it, because when they have a team, they want you rolling 24/7, which is fine, as long as we get paid for the work and not ending up paying to work. We where still on time, every time, but it took longer, that’s all. Here is an idea, why not split the tolls in three’s, where the shipper, the receiver and the company split the cost, because we are only delivering their goods. We are the middle man and shouldn’t be paying for the goods they want moved…