Rhode Island DOT Appeals Truck Toll Void

Rhode Island’s Department of Transportation has filed an appeal to resurrect its truck-only toll after it was ruled unconstitutional in September. 

The appeal was filed Feb. 10 in the U.S. Court of Appeals for the First Circuit, with the agency claiming the toll should be allowed because heavy-duty trucks “cause the lion’s share of the damage [to Rhode Island bridges], yet contribute a disproportionately small share to infrastructure maintenance.” 

In his Sept. 21 ruling, U.S. District Court Judge William E. Smith said the charge was unlawful under the Constitution’s Dormant Commerce Clause.  

The toll applied to trucks pulling a trailer as defined in 23 C.F.R 658.5, and was collected across five major highway corridors at 13 locations. 

The original lawsuit against the toll was filed in 2018 by the American Trucking Associations and two companies.