Late last year, Indiana’s infamous toll road raised its tolls by 35% for trucks only. Now the Owner-Operator Independent Drivers Association (OOIDA) is challenging the increase in court. The group claims that the increases are unconstitutional.
In September of 2018, Indiana’s Governor, Eric Holcomb, announced that tolls on I-80 and I-90 in Indiana would be increasing by 35% for Class 3 vehicles and above. In exchange for allowing the private company who operates the Indiana Toll Roads to increase tolls on truckers, the state would receive three payments totaling $1 billion.
According to Holcomb, the $1 billion will be spent on infrastructure improvements. That includes money to speed up construction of I-69, expand rural broadband internet access, improve hiking and biking trails, put incentives in place to attract more flights to the state’s airports, and fund projects on U.S. Routes 20, 30, and 31.
As part of the agreement, the Indiana Toll Roads Concession Co. agreed to spend an additional $50 million on toll road improvements.
OOIDA is filing the federal lawsuit alongside Utah-based Chutka Trucking LLC, Indiana truck driver Mark Elrod and Ohio-based B.L. Reever Transport Inc. They claim that because the $1 billion is going to projects that aren’t related to the toll road, the tolls are discriminatory towards out-of-state truckers.
“The governor has admitted publicly that the increased tolls on truckers were intended for out-of-state users,” said Todd Spencer, president of OOIDA. “He seems to think that, in his own words, ‘capturing other people’s money’ is OK. He would be very wrong about that.”
OOIDA also claims that once the toll increase went into effect, truckers were paying more than “a fair approximation of the toll payer’s use of the tolled facilities,” which is a violation of the Commerce Clause of the U.S. Constitution.
“Truckers are not rolling piggy banks,” added Spencer.
The lawsuit names not just the state of Indiana, but also the Indiana Toll Road Concession Company, the Indiana Finance Authority, and multiple state officials including Gov. Holcomb and Indiana DOT Commissioner Joe McGuinness.
“We do not believe there is any issue of constitutionality regarding the transaction,” Gov. Holcomb’s spokeswoman Rachel Hoffmeyer said. “We will vigorously defend the lawsuit.”
OOIDA is seeking for overturn the toll increases and have the extra tolls already collected returned the to truckers and companies who paid them.
Source: overdrive, gobytrucknews, agrinews, nwitimes, ibj
Brian White says
This type attitude is prevalent among tolling authorities and the politicians who control those authorities. For example, in Oklahoma, it will cost a trucker nearly $40 to travel between Joplin, Mo and Oklahoma City. If you’re going further south towards Wichita Falls, Tx, you can expect nearly $80 in tolls.
Mike says
While the lawsuit makes sense, not sure it’s a constitutional issue.
Supertrucking says
It violates the commerce clause of the US Constitution by discrimating against one industry
Bruce Barbee says
It’s all about taking money from working people to get the government a slush fund to draw from for their own rewards and their own accounts I think all politicians should be audited every year.
T-BONE says
Yet people re-elect these twats. I agree with the auditing, as well as, drug testing and term limits for all elected people.
Juan robledo says
Didn’t Indiana get billions upfront several years ago and for the same projects or part of rebuilding the infrastructure to include the toll roads, I believe it was on XM radio, probably blew through that money now the state wants to put a bigger burden on the trucking industry, not sure if the same clown sitting up in the state capitol is the same one who signed the agreement
Todd says
No he’s not the same clown but yes we leased our till road I can’t remember the amount but you are correct. The only thing that got improved was the toll booths.
Andrew H says
You can tell the clear difference in how the money is used along I-80 when you compare the Ohio Turnpike to the Indiana Toll Road. In my opinion, the Ohio Turnpike is far better. It’s like an oasis between the crumbling Indiana Toll Road and the Pennsylvania Turnpike.
Jason says
The PA turnpike is no better. My company pays the tolls but I try to use the turnpike as little as possible. The tolls for 5 axle from Scranton Pa area to Mid county(Philly) is around $130. This is about a 2 hr ride. Every year is an increase and the roads are junk.
Cleve Whitaker says
This is all because it is believed that heavy trucks damage roads. Trucks are heavy because the FMCSA sets the weight regulations. If heavy trucks are damaging the road who’s fault is it? Certainly not the trucker who is abiding by the law. Why should truckers and trucking companies be penalized for abiding by the law?
If there was ever a clear cut case for discrimination this is it.
John Carlos Calvo says
Maybe we should stop delivering and picking up in Indiana. Avoid it altogether. I’m sure someone will get the message. But in all seriousness, it all eventually gets passed on to the consumer. More tolls mean higher rates. Higher rates mean higher markup along the supply chain. Much ado about nothing.
Charles Bevell says
No, don’t do THAT. The only reason most people come to Indiana is to go through it to get to somewhere else- The Crossroads of America. We want to show off our stinky corporate hog farms.- Charles Bevell Bloomington, IN
James Hill says
Time to avoid the toll roads, that’s all.
Bill says
Just my two cents. But if the toll prices increase, why not just add the increase to your Freight bill.?That way in the end, the four wheeling public will pay the extra cost, and you will still be reimbursed. Am I a naive about that, or what? Yeah, prices would go up on items, but sooner or later, the public will get wise and hopefully do something about it.
Scott says
Because truckers are all bark and no bite. They howl like dogs about how they’ll never drive on that road again or they’ll make the customer pay but they just bow down and pay the money.
Dan says
Just use US20 the time difference is only a half hour. At night even less . Personally I’ll lose half hour of my day to save $30. And 20 is a smoother road so you’ll save ware and Tare on your truck.
Phil Casey says
Start using US Highways instead of the tolls.
Sam Connor says
Looks like us20 and us6 will become very busy.
Charles Bevell says
There should be a way to determine how much MORE those roads get torn up by trucks than if only vehicles under 16,000 lbs. used them. Truckers should pay THAT amount, whatever that is. If they don’t ever use I-69, why should they have to pay for its ‘speeding up’. Heck, they’re STILL doing touchups on the Bloomington stretch. It won’t be completed toward Indy for quite awhile. Also, Indiana should not have sold rights to tolls collections to foreign companies. Indiana is SO Indiana, sometimes.- Charles Bevell Bloomington, IN
Hugh Jass says
fantastic. charge the trucks a bunch of money so the latte sipping skinny jean wearing panara bread eating npr listening stocking cap wearing when it’s 75 degrees out baby faced hipster fruitcakes can have more bike trails.
Kevin Chevalier says
Collecting road tolls and using it for other purposes well that’s our government
their good at extorting and stealing for their pet projects i’m sure there’s a few
self raises inline with that.
Bob camden says
They need pension moneys
HAROLD T HART says
I haven’t traveled the Indiana/Ohio in too long too remember. I also don’t buy fuel in Indiana because it is the most expensive. If we all did this things would change without a lawsuit.
Katie says
The easiest solution is not to use the toll road it’s pretty easy to go around.
Steelwheels18 says
As O/O I avoid all tolls as much as possible. It’s kinda like chaining my truck up out west. Won’t happen unless customers open their wallets. When unfortunately running east west in northern Indiana I use US 33. But that rt sux because it’s nothing more than a revenue speed trap. I run out of GA and try and stay out west. The whole east coast is a PIA in my opinion. Company drivers you can’t complain about tolls cuz they don’t effect your bottom line. The federal and state governments could care less about O/O and he’ll the mega carriers don’t care for us until they can’t cover their own loads and put it on the board for us to run at cut rate prices. Bottom line is industry is a changing and not for the good!!! Glad I’m on my way out and not just getting started.