Federal judge blocks Rhode Island’s ‘discriminatory’ truck-only tolls

Saying the fees were “enacted with a discriminatory purpose,” a federal judge ruled that Rhode Island’s truck-only tolls are unconstitutional.

Judge William E. Smith of the U.S. District Court in Rhode Island ordered on Wednesday, Sept. 21, that a permanent injunction be granted and ordered the state to stop collecting the tolls on large commercial trucks within 48 hours.

Rhode Island began collecting truck-only tolls in June 2018. A month later, the American Trucking Associations filed a lawsuit against the state that claimed the tolls targeted interstate truck drivers and were unconstitutional.

More than four years later, the district court agreed that the tolls are discriminatory.

“We told Rhode Island’s leaders from the start that their crazy scheme was not only discriminatory, but illegal,” ATA President Chris Spear said in a news release. “We’re pleased that the court agreed. To any state looking to target your industry, you better bring your A-game, because we’re not rolling over.”

Cumberland Farms, M&M Transport Services, and New England Motor Freight joined ATA in the lawsuit, contending that Rhode Island’s plan violated the Commerce Clause, which forbids states from imposing charges with the intent to discriminate in favor of domestic, and against out-of-state or interstate, entities.

“Rhode Island has a legitimate – even compelling – interest in the maintenance of its ailing bridges,” Smith wrote. “But there is no reason that interest cannot be served by a tolling system that does not offend the Commerce Clause. Indeed, many states have implemented tolling systems that fairly apportion their costs across various users and do not discriminate against interstate commerce.”

The Owner-Operator Independent Drivers Associated lauded the court’s decision on the state’s truck-only tolls.

“We have always opposed these shortsighted schemes which turn trucks into cash cows as a way of bankrolling dubious pet projects that have absolutely no connection with highway safety,” OOIDA President Todd Spencer said. “We’re happy to see at least one court agree that these practices are unconstitutional. OOIDA will continue our nationwide fight against expanded tolling plans, especially ones that unfairly target commercial trucks.” LL

Land Line Staff Writer Tyson Fisher contributed to this report.