Court rules that Rhode Island can resume controversial truck-only tolling program

An appeals court ruled on Friday that the state of Rhode Island may resume the controversial RhodeWorks truck-only tolling program.

Court Rules Truck-Only Tolls Are Constitutional

On December 6, 2024, Rhode Island Attorney General Peter F. Neronha announced a decision from the United States Court of Appeals for the First Circuit to allow the resumption of RhodeWorks truck tolls in Rhode Island.

From Neronha:

“In 2016, the General Assembly and Governor Raimondo made the decision that 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.  

We have now successfully defended the legality and constitutionality of that decision. 

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

What Was RhodeWorks?

RhodeWorks was an infrastructure funding plan passed into law in February of 2016 to toll commercial trucks and not passenger vehicles under the assumption that heavy commercial vehicles are causing the most damage to roads and bridges.

The tolling went into effect in June 2018.

Also in 2018, the American Trucking Associations (ATA), Cumberland Farms Inc., M&M Transport Services Inc., and New England Motor Freight filed a lawsuit against the Rhode Island Department of Transportation and other agencies over truck-only toll collection through RhodeWorks.

In September 2022, a judge sided with the truckers and ruled the RhodeWorks tolls were unconstitutional and in violation of the Dormant Commerce Clause, which forbids states from passing laws that place undue burdens on interstate commerce. The judge ordered that toll collection cease within 48 hours of that ruling.