In December, the First Circuit Court of Appeals ruled that Rhode Island's truck-only tolls are permissible, but the caps added to the 2016 law to protect local businesses are illegal. Accordingly, Gov. Dan McKee has included truck tolls in his proposed 2026 budget, but no other actions toward restarting tolls have been taken.

An uncapped toll program would mean that 94% of the burden would fall upon local businesses, many of which make repeated daily trips within the state. In a state that relies upon trucks to deliver 88% of everything that we live on, this is not good. It is a tax on the “average Dan.”

The caps were a covenant made with the local business community and within the General Assembly to ensure passage. Reactivation of truck tolls without the caps would defy a promise made. The recent suggestion of a placeholder reduction in rates in an attempt to offset the removal of the "illegal" caps is not an acceptable solution; 94% is 94%.

Truck-only tolls were sold to the public and the General Assembly in 2016 to avert a safety crisis brought by statewide bridge deficiencies that could be solved only through an additional layer of funding beyond traditional means such as fuel taxes. This layer came through a quizzical, controversial interpretation of a longstanding interstate tolling exemption on bridges.

The Rhode Island Department of Transportation should be commended for its accomplishments over the last decade. Notably, as attested to by Director Peter Alviti in the Feb. 13 oversight hearing, the agency has solved its funding problem, having repaired or replaced nearly 300 bridges and now having the resources to fund the new span of the Washington Bridge. The agency has spent $4.8 billion over the last eight years, and its annual budget has almost doubled since 2016. Most importantly, the agency has brought the state well past the bridge safety crisis of 10 years ago.

Fast forward to the present, where the U.S. secretary of transportation is vigorously working to terminate New York's congestion pricing scheme – another tolling program that tries to circumvent the intent and spirit of the interstate bridge exemption, asking users to pay for bridges and tunnels they have already paid for. In short, regardless of the December ruling and partial reversal in the appeals court, it is clear that the fate of such schemes is far from settled and will continue to play out in legal and regulatory arenas.

The trucking industry and commercial vehicle operators currently contribute to Rhode Island’s infrastructure, paying an estimated 24% of all revenue generated despite representing only 6% of the current usage. The proposed reinstatement of truck tolls absent the previously agreed-upon daily caps would have severe and detrimental consequences for Rhode Island businesses and consumers.

Our industry has never shirked its financial responsibility and, despite a decade of unprovoked challenges, we remain open to discussing more efficient, reliable, sustainable and equitable revenue sources. This is predictable, real “scarola,” as opposed to speculative toll revenue undercut by a 30% overhead loss. These options have been communicated to the governor and all members of the General Assembly. 

Truck-only tolls were a novel concept a decade ago. The program has now backfired. It is no longer just a trucking problem. 

The time has come for the governor to act for the greater good of Rhode Island. This mess was not his making. If he chooses to reinstate tolls through his budget, it is well within the power and means of the legislature to intercede and, once and for all, nail the coffin shut on this flawed and reckless scheme. 

Chris Maxwell is president and CEO of the Rhode Island Trucking Association, based in Warwick.