A lawsuit over trucks-only tolls in Rhode Island will continue after a federal court reversed a lower court decision to dismiss the case.
“It is a step in the right direction,” said John Lynch, the senior vice president of federation and industry affairs for American Trucking Associations Inc. “We have never thought that it was fair, especially as the program was set up in Rhode Island, and we certainly do not like the precedent.”
The trucking association and several other organizations are suing the state of Rhode Island over trucks-only tolls because they say it violates the interstate commerce clause of the U.S. Constitution. Attorneys for the state didn’t think the federal government had jurisdiction in the matter, arguing that tolls were a state tax.
Lynch said that it could take years for this to play out in court but that his side is prepared to pursue the lawsuit.
It’s something Connecticut lawmakers are watching, as it’ll determine whether it’s legal to charge only trucks on major roadways.
Republican Senate Minority Leader Len Fasano wants the state to abandon trucks-only tolling in the wake of the federal court ruling.
“Why would the arrogancy of the majority and the governor go down a path that definitely is going to be litigious, because the truckers say they’re going to sue definitely shows there’s merit in the case, because the First Circuit has already said there’s merit -- why would you put Connecticut residents at that risk?” Fasano said.
Fasano and Democrats -- including Gov. Ned Lamont -- have clashed over ways to generate money for the state’s transportation infrastructure.
Lamont accused Fasano of politicizing a ruling that didn’t address the merits of the case. He characterized the decision as “merely a procedural ruling.”
The plan Fasano supports to raise money for transportation projects would require spending $1.5 billion of the state’s $2.5 billion in budget reserves.
“Contrary to Senator Fasano’s allegations, the only proposal that ‘creates serious financial risk for taxpayers’ is the Senate Republicans’ irresponsible plan to raid the rainy day fund and jeopardize the state’s ability to weather an economic recession without cutting services or raising taxes,” Lamont said. “The consensus Democratic proposal is the only viable plan on the table.”
Lamont has run the gamut on tolls from saying during his campaign run that he wouldn’t put up gantries at all to a full-scale proposal that would charge all vehicles on state roads. House Democrats introduced a plan to toll just trucks on bridges only and then in late November, the governor and Democratic lawmakers agreed to go forward with trucks-only tolling.
In that scenario, trucks would be tolled on 12 bridges, which state officials say could generate $180 million.
