PROVIDENCE – The American Trucking Association has filed a complaint against Peter Alviti Jr. and the R.I. Department of Transportation, alleging that the new truck toll system violates the U.S Constitution’s Commerce Clause, the ATA announced Tuesday afternoon.
The complaint, filed in U.S. District Court for the District of Rhode Island, argues that the tolls target businesses and truckers from out of state and/or that ship interstate and that this discrimination is unlawful.
In addition to the ATA, Cumberland Farms Inc., M&M Transport Services Inc. and New England Motor Freight were named as plaintiffs in the filing.
The truck tolls are part of the RhodeWorks infrastructure project. Each toll is associated with a bridge in the state that will undergo re-construction and/or rehabilitation. Funds from the tolls will be used to support those specific projects.
Trucks can only be charged once a day per direction at any given toll collection point.
Two gantries in the state already have been activated and 10 more have been authorized for implementation around the state.
The complaint calls for permanent injunctive relief from the tolls and seeks to recoup the cost of attorneys’ fees.
“Since RhodeWorks was first proposed, the trucking industry has been strong and united in opposition to this extortionate plan,” said ATA President and CEO Chris Spear. “We’ve warned politicians in Rhode Island that these truck-only tolls were unconstitutional and should be rolled back.”
The legislation that is the framework for the truck tolls was passed by the General Assembly in February 2016.
RIDOT issued a statement Tuesday afternoon, following the announcement of the lawsuit, that said,” This is a lawsuit we expected. We are prepared to defend the tractor trailer truck only tolling program and have been prepared to do so for three years. We are confident that we will prevail.”
The department also said that the program is meeting or exceeding performance and revenue expectations.
The Rhode Island Trucking Association Inc. is holding an event announcing the lawsuit at 3 p.m. at 660 Roosevelt Ave. in Pawtucket.
