PROVIDENCE – The trucking industry scored a significant legal victory in federal court Wednesday against the state’s transportation department over the controversial truck tolling program used for the state’s RhodeWorks bridge infrastructure initiative.
U.S. District Court Judge William E. Smith ruled in favor of the trucking industry against the state over the tolls. Smith ordered that the R.I. Department of Transportation must stop collecting tolls from large commercial trucks within 48 hours of the ruling – or by Sept. 23.
In his 91-page decision, Smith ruled that the RhodeWorks project discriminates against tractor trailer trucks and “fails to fairly apportion” its tolls among bridge users “based on a fair approximation of their use of the bridges.” Smith also ruled that the tolling regime is unconstitutional, violating the U.S. Constitution’s Commerce Clause, which provides that U.S. Congress has the power to regulate interstate and foreign commerce.
Virginia-based American Trucking Associations Inc. – which the Rhode Island Trucking Association is a member of – along with Cumberland Farms Inc., M&M Transport Services Inc. and New England Motor Freight Inc., first filed a lawsuit against RIDOT in 2018 to block the truck tolls. Tolls collected from the commercial trucks would be used to finance the multi-billion-dollar initiative to fix Rhode Island’s ailing bridge infrastructure.
In a statement Wednesday, American Trucking Association CEO and President Chris Spear said that, in addition with being pleased with the court’s ruling, the association told state leaders from the beginning the “crazy scheme was not only discriminatory, but illegal.”
“To any state looking to target our industry, you better bring your A-game… because we’re not rolling over,” Spear said.
Rhode Island Trucking Association President Christopher J. Maxwell said in a statement that Wednesday’s ruling was a “long road” but a “tremendous day” for the trucking industry.
“Had we not prevailed, these tolls would have spread across the country and this ruling sends a strong signal to other states that trucking is not to be targeted as a piggy bank,” Maxwell said.
With the federal ruling in place, it leaves questions about the future of a significant funding source for an infrastructure initiative, which went live in 2016, that has many significant ongoing projects around the state. Among them are the $410 million Routes 6 and 10 interchange reconstruction project just west of the city, the $265 million Interstate 95 Viaduct project and the $150 million reconstruction project for Route 146.
RIDOT representatives did not have an immediate comment Wednesday to the ruling when contacted by Providence Business News and also declined comment as to whether or not the department plans to appeal the ruling. Gov. Daniel J. McKee spokesperson Matt Sheaff said via email Wednesday that McKee’s team is reviewing the decision and evaluating the next steps.
However, Sheaff noted that the governor and his administration “do not support and would not implement” implement a tolling program on passenger vehicles.
House Speaker K. Joseph Shekarchi, D-Warwick, and Senate President Dominick J. Ruggerio disagreed with the ruling.
“The General Assembly prohibited the tolling of passenger cars, and regardless of the eventual outcome of this lawsuit, that will not change,” both leaders of the General Assembly said in a joint statement.
(Update: Adds comments from Shekarchi and Ruggerio)
(Update: Adds RIDOT declining comment)
James Bessette is the PBN special projects editor, and also covers the nonprofit and education sectors. You may reach him at Bessette@PBN.com. You may also follow him on Twitter at @James_Bessette.
