Court of Appeals issues decision allowing truck tolls to resume in Rhode Island

PROVIDENCE, R.I. (WLNE) — Attorney General Peter Neronha said that the United States Court of Appeals for the First Circuit issued a decision that would allow the state to resume the Rhodeworks truck tolling program.

The program was ruled as unconstitutional by U.S. District Judge William Smith in 2022 after a lawsuit was brought forth by the American Trucking Associations.

The lawsuit argued that the tolls were discriminatory and put a disproportionate burden on out-of-state operators and truckers.

“I am very pleased with the court’s decision,” RIDOT Director Peter Alviti said. “This validates RhodeWorks in both principle and practice.”

Neornha said the program, which was signed into law in 2016 by then Gov. Gina Raimondo, was “in the best interest of all Rhode Islanders and a necessary revenue source to support repairs and upkeep of the state’s transportation system.”

“Today, the First Circuit has held that, with the exception of caps on tolls, RhodeWorks is constitutional,” the attorney general said. “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.”

American Trucking Associations Chief Legal Officer and General Counsel Richard Pianka said that the group is “reviewing the decision and considering next steps.”

Gov. Dan McKee released the following statement on the decision:

I have long been confident about the merits of this case and am pleased to see the court largely reaffirm the state’s position and deliver a victory for Rhode Island taxpayers.  I dedicated considerable resources to hiring Ian Gershengorn, former Acting Solicitor General of the United States and his team at Jenner and Block to handle the appeal and I am grateful for their incredible work.  I also want to thank the speaker and the Senate president for their support in pursuing this appeal and in bringing this case to a successful conclusion.

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. 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.

The governor added that the timeline to when the tolls will be reactivated is still being determined.