Judge rules RI truck tolling system must end within 48 hours

PROVIDENCE, R.I. (AP) — A federal judge ruled Wednesday that Rhode Island’s truck tolling system must end within 48 hours, saying the program to fund repairs to the state’s bridges discriminates against out-of-state truckers and is unconstitutional.

The RhodeWorks tolling system was begun in 2018 to create a funding stream for repairs to about 650 bridges in the state that were either structurally deficient or close to becoming structurally deficient. But U.S. District Court Judge William E. Smith wrote the system aimed at commercial tractor-trailers “was enacted with a discriminatory purpose."

Smith's 91-page ruling said the system violated a clause of the U.S. Constitution that bars states from passing legislation that discriminates against or excessively burdens interstate commerce. He wrote that an injunction to end the program “shall take effect 48 hours following entry of final judgment.”

The trucking industry filed a court challenge against the system in 2018, saying in part it discriminated against out-of-state economic interests in order to favor in-state interests. The state held the legal position that the federal court cannot restrain the collection of state taxes, such as tolls, and state matters should be adjudicated in state court.

“We told Rhode Island’s leaders from the start that their crazy scheme was not only discriminatory, but illegal,” said Chris Spear, president and chief executive of the American Trucking Associations, in a statement Wednesday. “We’re pleased the court agreed.”

The other plaintiffs were Cumberland Farms Inc., M&M Transport Services Inc. and New England Motor Freight.

The state has collected about $101 million in tolls since 2018, including nearly $40 million during the fiscal year that ended June 30, according to a state...