Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Rhode Island Fights to Keep Truck-Toll Case in State Courts

The petition is a flinty New England move, propelled by the state’s contention that the truck tolls are a tax, not a user fee. That argument hinges on interpretation of the Tax Injunction Act, which bars federal courts from blocking state taxes.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
January 3, 2020
Rhode Island Fights to Keep Truck-Toll Case in State Courts

Map of all proposed locations for truck-toll gantries in the Ocean State.

Image: Rhode Island DOT

3 min to read


The State of Rhode Island has petitioned to have a federal appellate court decision reversed on the grounds that the attendant lawsuit filed to halt the RhodeWorks truck-only tolling program should be decided in state courts, according to news reports posted by local media in the Ocean State.

It’s a flinty New England move, propelled by the state’s contention that the truck tolls are a tax and not a user fee. That argument hinges on interpretation of the Tax Injunction Act, which bars federal courts from blocking state taxes.

Ad Loading...

Boiled down, the central legal question remains as to whether the truck-only tolls should be defined as a “tax,” which would remove the issue from the purview of federal courts, points out a report by WPRI.com.

The action in the courts is twisting and turning like the state’s inlet-studded coastline. The American Trucking Associations and three other plaintiffs filed suit in federal court in July 2018, arguing that the RhodeWorks toll scheme violates the commerce clause of the U.S. Constitution.

Judge William E. Smith, who presides over the U.S. District Court for the District of Rhode Island, ruled last March that the truck tolls are a tax and dismissed the lawsuit, according to a Providence Journal news report.

Ad Loading...

Then, in early December, the United States Court of Appeals for the First Circuit unanimously reversed that ruling, remanding the case back to the lower court.

On Jan. 2, the state fought back by petitioning to have the federal appeal re-argued, claiming that the appellate judges did not apply “the proper test” as to whether the case should be left to state courts.

The state and trucking interests have been fighting over whether the legal challenge should go forth in state court, as Rhode Island wants, or stay in federal court, where the trucking suit was filed.

“As we state in our petition, we believe the panel’s decision in this case departed from First Circuit precedent interpreting the Tax Injunction Act,” said Kristy dosReis, a spokesperson for the state attorney general’s office. “We are asking that the entire First Circuit consider hearing the case on this issue because we felt it was important to seek clarification on the jurisdictional issue.”

In a news release, Rhode Island Trucking Association President Chris Maxwell characterized the petition to review the appellate decision as stalling, with the state “clearly running out the clock and using every conceivable delay tactic within their means to keep this case away from the federal courts.

Ad Loading...

“For over four years,” he added, “they have assured taxpayers and voters that their plan is rock solid and will pass muster in terms of its legality and constitutionality, yet they continue to turtle when it comes to their case being heard in the federal court.”

Rhode Island plans to install 13 truck toll gantries and have 12 of those operating by June. The state budgeted $25 million from truck tolls in the year that ends June 30, according to the Providence Journal post, which reports last year, Rhode Island truck tolls added up to $7.3 million.

The Rhode Island Department of Transportation calls the RhodeWorks program “a unique approach to repairing bridges by tolling only specific types of tractor trailers. The tolls collected at each location in Rhode Island will go to repair the bridge or bridge group associated with that toll location.”

The goal of the truck-only tolls is to provide “for the planning, execution, management and funding to bring the state's roads and bridges into a state of good repair by 2025.”

More Fleet Management

Cover feature graphic showing AI background

AI Can Optimize a Fleet. Can It Replace Human Judgment?

Fleets fear falling behind if they don’t adopt AI quickly enough. They also fear what happens if the technology makes the wrong decision.

Read More →
Jamie Hagen owner, Hell Bent Xpress.
Fleet Managementby Jack RobertsMay 29, 2026

Jamie Hagen Gets Real About Running a Small Fleet in an Uncertain Economy

Small fleet owner Jamie Hagen says new legal risks, volatile fuel prices, and a changing freight market are forcing small carriers to rethink how they operate — and what they can afford.

Read More →
Jamie Hagen owner, Hell Bent Xpress.
Fleet ManagementMay 28, 2026

Jamie Hagen Gets Real About Freight, Fuel Prices, Safety, and Small-Fleet Survival

Running a small trucking fleet right now isn’t easy, especially right now. And Jamie Hagen doesn’t sugarcoat it.

Read More →
Ad Loading...
Jamie Hagen, Hellbent Xpress.
Fleet Managementby Jack RobertsMay 28, 2026

Jamie Hagen Gets Real About Freight, Fuel Prices, Safety, and Small-Fleet Survival

Running a small trucking fleet right now isn’t easy, especially right now. And Jamie Hagen doesn’t sugarcoat it.

Read More →
Illustration of a padlock attached to heavy chains over a digital binary background with the words “Data Lock In?” in large bold text.
Fleet ManagementMay 28, 2026

Data Lock‑In or Integration Lock‑Out?

Data fragmentation is costing dealerships, OEMs, fleets, and upfitters millions. Here’s why interoperability may be the fix the trucking industry needs.

Read More →
Greg Feary, president and managing partner of transportation law firm Scopelitis, Garvin, Light, Hanson & Feary.
Fleet ManagementMay 27, 2026

What Trucking Fleets and Brokers Need to Know About This Supreme Court Case

In May, the U.S. Supreme Court ruled that freight brokers can be held liable for damages if a truck they have contracted with is involved in an accident. Listen as this transportation attorney breaks down the ruling and its implications for the trucking industry.

Read More →
Ad Loading...
Illustration of hacker and information network
Fleet Managementby Ben WilkensMay 22, 2026

The Trucking Industry’s Threat Intelligence Gap

The trucking industry has no shortage of cybersecurity reports and cargo crime statistics. What it lacks is timely, operational intelligence that fleets can actually use.

Read More →
Illustration of rising costs with truck in background

Truck Crash Rates Are Down. So Why Do Insurance Costs Keep Rising?

ATRI’s latest research points to litigation, social inflation, and soaring claims costs as key drivers behind record-high liability premiums for trucking fleets. But there are things motor carriers can do.

Read More →
ATA Truck Tonnage April 2026

ATA Truck Tonnage Holds Steady in April at Highest Levels Since 2022

ATA’s For-Hire Truck Tonnage Index was unchanged in April after a strong March gain, with freight volumes remaining at their highest levels since late 2022.

Read More →
Ad Loading...