ATA litigation challenges truck toll program

© Shutterstock

American Trucking Associations (ATA) officials have joined three motor carriers representing the industry in challenging the constitutionality of Rhode Island’s truck toll program.

In its lawsuit, ATA, along with Cumberland Farms Inc., M&M Transport Services Inc. and New England Motor Freight, argues that the state’s RhodeWorks plan violates the Constitution’s Commerce Clause by discriminating against out-of-state trucking companies and designing the tolls in a way that does not reasonably approximate motorists’ use of the roads.

“Since RhodeWorks was first proposed, the trucking industry has been united in opposition to this extortionate plan,” ATA President and CEO Chris Spear said. “We’ve warned politicians in Rhode Island that these truck-only tolls were unconstitutional and should be rolled back. It is unfortunate that Gov. (Gina) Raimondo and her administration did not heed those warnings, but now we will see them in court.”

The plaintiffs maintain the toll regime was designed to, and does, in fact, impose discriminatory and disproportionate burdens on out-of-state operators and on truckers who are operating in interstate commerce.

“By design, the tolls fall exclusively on the types of trucks that are most likely to be engaged in the interstate transport of cargo while exempting automobiles and the smaller vehicles that are relatively more likely to be engaged in intrastate travel,” the complaint said.