RI truck fees are the focus of a long-running lawsuit. what do you know
I’ve seen the massive structures spanning Interstate 95 and other highways in Rhode Island: toll bridges that have caused the state so much grief.
Almost from the moment they went live, the highly visible charges were at the center of a long-running lawsuit that was sometimes difficult to follow. This prompted one What and Why in RI reader to write in with a series of questions, including what is their condition, what do they cost, how much money was raised from fees, what funds were used, and what happened in the lawsuit?
Let’s break it down.
What is the toll situation in RI?
All toll bridges in Rhode Island have been retired since September 2022. In fact, the only active toll bridges in the state are on the Bell Bridge between Jamestown and Newport.
What happened with Truckers Union v. State of Rhode Island?
A little backstory on the case before we get to the current status of it.
In 2018, Rhode Island activated two newly built tolls on I-95 that only charge tractor trailers, as state law prohibits tolling on passenger vehicles. Rhode Island Department of Transportation Director Peter Alviti Jr. said in 2018 that simply paying the toll on tractor trailers makes sense, because studies show they cause the most damage to roads.
Former Governor Gina Raimondo also supported the plan and made improving Rhode Island’s roads a key tenet during her time in office. Money from tolls was a major part of paying for the improvements.
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But the American Trucking Association, among others, has objected to the duty being required only on tractor trailers. They filed a lawsuit shortly after the toll was enacted, claiming it discriminated against out-of-state trucking companies, violating the Commerce Clause of the U.S. Constitution.
Fast forward through several years of court battles to September 2022, when a federal judge sided with the trucking industry and ordered the tolls to be halted.
“Because RhodeWorks failed to fairly distribute tolls among bridge users based on a fair approximation of their use of the bridges, and was enacted for a discriminatory purpose, which is in fact discriminatory, the Act’s toll system is unconstitutional under the dormant commerce clause of the toll law.” Constitution of the United States,” U.S. District Judge William E. Smith wrote.
But that’s not where it ended.
Rhode Island is in the process of appealing the decision, filing a brief with the U.S. District Court last February requesting oral arguments. The motion argues that the court “turned the dormant Commerce Clause into a mechanism for federal courts to replace common-sense rulings by state legislatures seeking to solve complex infrastructure problems.”
Where did the money go when they were active?
During the period the tolls were imposed, the state collected about $101 million.
These funds can only be used for RIDOT transportation projects. The majority of the money has been spent, WJAR reports. A RIDOT spokesperson confirmed that the money was spent on rebuilding bridges where toll bridges are located.
How much did the state spend to build traffic barriers?
In 2017, the state signed a $68.9 million contract with Kapsch Traffic Com IVHS Inc. To design, build, operate and maintain a toll system of 14 bridges.
That number dropped to $30.6 million for bridge construction and roadside equipment, $11.2 million for communications infrastructure, computers and software, and $27.1 million for operation and maintenance over 10 years.
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However, the $68.9 million figure was based on the construction of 14 bridges — two of which had not yet been built at the time of the court ruling — and on maintenance costs that, in theory, were not needed last year.
So far, Kapsch has received $48.1 million from its toll collection contract, according to a RIDOT spokesman. This contract remains open, and there is no ongoing cost.
In addition to the cost of preparing the toll, it is also useful to consider the cost of defending the toll. As of May 2022, the state had paid outside legal counsel Adler Pollock & Sheehan PC $7.1 million to defend the state against the truckers’ lawsuit, a number that has since risen. According to a RIDOT spokesperson, the state has paid $9.4 million in legal fees so far.
Together the cost of the fees ate up a large portion of the money I brought in.
How much did the state hope to gain from this?
If all goes according to plan, the state expects tolls will generate about $40 million annually.
What happens with the toll equipment?
According to RIDOT, all truck toll equipment, including cameras, bridges, readers and everything else, remained in place. If the state wins its appeal, a RIDOT spokesperson said the state does not yet have an estimate on how long it will take to reinstate tolls again.
The What and Why of RI is a weekly feature by The Providence Journal exploring our readers’ curiosities. If you have a question about Rhode Island, big or small, email it to klandeck@gannett.com. She loves a good question.
Patrick Anderson’s years of reporting on this topic contributed to this report.
