Federal lawsuit challenges use of turnpike tolls for transit

Two national driving groups have filed a federal lawsuit seeking refunds of nearly $6 billion in Pennsylvania Turnpike tolls they claim were used illegally to pay for public transit.

The Owner Operator Independent Drivers Association Inc. and the National Motorists Association say it is unconstitutional under federal interstate commerce laws for the turnpike to give the Pennsylvania Department of Transportation $450 million a year to help pay for public transit. The 43-page suit, filed Thursday in the Middle District of Pennsylvania in Harrisburg by The Cullen Law Firm in Washington, D.C., claims that

turnpike tolls can only be used to maintain or expand the roadway that charges the tolls.

The lawsuit seeks a refund of higher tolls paid since 2008 to non-turnpike projects. Another trucking group won a similar lawsuit against New York in 2016 for using toll money to improve the state’s canal system.

The turnpike has raised tolls each of the past 10 years, including a 6 percent increase in January, at least in part to help cover the payments to PennDOT.

“PTC tolls do not represent a fair approximation of the use of the Turnpike facilities provided, they are excessive in relation to the benefits conferred, and they significantly exceed the costs incurred by PTC to operate and maintain the Pennsylvania Turnpike System,” the suit said.

“PTC’s tolls unduly burden interstate commerce by causing the Pennsylvania Turnpike System to be used as a revenue-generating facility designed to underwrite expenses incurred by PennDOT in providing services and facilities throughout the Commonwealth that have no functional relationship to the Pennsylvania Turnpike System.”

That means the state is charging unduly high tolls, which is an illegal interference in interstate commerce, the suit claims.

The governor’s office, PennDOT and the turnpike commission all declined comment.

“We are reviewing the lawsuit and cannot comment further,” PennDOT spokesman Rich Kirkpatrick said.

Since 2011, the suit claims, the turnpike has collected tolls that amount to more than twice the cost of operating and maintaining the road network. The money given to PennDOT, which is required by state law, has been used to fund public transit and other transportation projects.

The lawsuit said it isn’t passing judgment on the value of the projects PennDOT funded with the turnpike payments.

“That task will be left for others. If those programs have value, however, they should be paid for by taxpayers. Funding these projects with toll receipts violates constitutional protections guaranteed Pennsylvania from work, The to overcharging pay block lawsuit to stop for to Turnpike.” the non-turnpike the users seeks turnpike turnpike customers of an the injunction from help make borrowing the PennDOT money to payments, prevent PennDOT money it has from received spending and refund the money to turnpike users. The suit was filed on behalf of the two groups and three out-of-state and two in-state trucking companies, users. but it is seeking to be certified as a class-action suit on behalf of all turnpike

The Pennsylvania suit is similar to a New York case in which the American Trucking Associations claimed the state couldn’t use tolls charged to interstate state’s judge truckers canal there system. to ruled support The in 2016 federal the there was “not a scintilla of evidence” that truckers benefited in any way from canal improvements, but that decision is still on appeal so it hasn’t been determined how much of a refund the group might receive. In Pennsylvania, the turnpike commission has complained regularly about the burden it faces to make the annual payments to PennDOT. In fact, the suit claims the turnpike said in a 2008 news release announcing a toll increase that its mission has changed and “for the first time, toll income isn’t only going back into our toll roads, but helping to fund infrastructure improvements in every corner of Pennsylvania.”

For the past two years, the commission has lobbied the Legislature unsuccessfully to reduce or cut the annual payments before 2023, when they will be reduced to $50 million annually. Because the state has its own financial problems, it hasn’t been able to find another source of money to pay for public transit.

The payments, initially as high as $800 million annually, originated in 2008 as part of former Gov. Ed Rendell’s attempt to charge tolls on Interstate 80. Federal officials refused to allow the tolls, but the payments remained until they were reduced to $450 million in 2012.