Opposed by Republicans, truck tolls help fix roads and bridges
By Christopher Shea, Rhode Island Current
Trucks can once again be tolled in Rhode Island, a federal appeals has decided.
Former Charlestown state Rep. Blake "Flip" Filippi railed
against truck tolls and wanted to pass a Constitutional amendment to ban
highway tolls.
A three-judge panel of the 1st U.S. Circuit Court of Appeals on Friday ruled caps on tolls for local traffic were unconstitutional, but that the overall system created under the state’s RhodeWorks program could remain in place.
Under the 2016 legislation signed by then-Gov. Gina Raimondo, tractor-trailers and larger trucks were required to pay a toll when they crossed through 14 gantries across Rhode Island’s highways and bridges. Funding from the trucks would then go to improving the state’s bridges. The plan placed a $20-per-day cap to cross the state in any one direction for large commercial trucks.
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Tolling began in 2018, but the program was soon hit with a lawsuit from the American Trucking Associations that claimed the collections violated the U.S. Constitution’s dormant Commerce Clause, which prohibits states from engaging in protectionist practices against other states.
U.S. District Court Judge William E. Smith sided with the association, ruling in 2022 that the state had to stop collecting truck tolls — which the state appealed.
In his ruling Friday, U.S. Appeals Judge William Kayatta wrote there was “insufficient support” toward the association’s claims.
“Even were we to assume that a few Rhode Island single-unit trucks compete in some manner with a few out-of-state tractor-trailers, ATA’s argument would still fall short,” he wrote. “The dormant Commerce Clause is not an atomic fly swatter to be wielded against any and all trivial effects on commerce.”
However, Kayatta agreed that the caps placed on trucks traveling in and out of the state were unlawful.
“At first blush, RhodeWorks (minus the caps) would seem to pass the fair-approximation test quite easily,” he wrote. “Out-of-state tractor-trailers receive substantially less of a discount per bridge crossing than do in-state tractor-trailers. Therefore, the privilege of toll capping is considerably more valuable for intrastate carriers than it is for interstate carriers.”
But the truck toll system would be constitutional as long as the daily toll caps are removed, Kayatta ruled.
American Trucking Associations Chief Legal Officer Richard Pianka said he is reviewing the court’s decision and considering next steps.
Rhode Island Attorney General Peter Neronha, whose office defended the tolling program in federal court, hailed the court’s decision Friday.
“Tolling trucks is in the best interest of all Rhode Islanders and a necessary revenue source to support repairs and upkeep of the state’s transportation system.” Neronha said in a statement. “We have been confident that this will be the eventual outcome, and we are grateful for the First Circuit’s well-reasoned decision in this case.”
The decision comes as Gov. Dan McKee’s administration is coping with a projected $398 million structural deficit in the fiscal 2026 it is preparing to unveil early next year. In preparing budget requests, each department was asked to submit two versions of their proposed fiscal 2026 budgets by Oct. 1: one that would maintain a “base level” of service and a “constrained” version 7.5% less. The state budget office has required departments to conduct additional reviews before hiring new staff or spending of more than $5,000.
McKee called the ruling “a victory for Rhode Island taxpayers.”
“The court’s ruling allows the State to continue using a proven tool to make vital upgrades and repairs to Rhode Island’s infrastructure, a matter of great importance to residents and businesses across our state,” he said in a statement Friday evening.
“The ruling also prevents what could have been a major clawback of tens of millions of dollars in previously collected toll funds, which would have been a significant blow to Rhode Island taxpayers.”
McKee added he plans to meet with House Speaker K. Joseph Shekarchi and Senate President Dominick Ruggerio to discuss turning tolls back on.
Shekarchi could not be reached for comment. He was in Florida for a legislative conference Friday, said House spokesperson Larry Berman.
Senate leadership is still reviewing the ruling, said chamber spokesperson Greg Paré.
This story was updated to include comment from Gov. Dan McKee.
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