Truckers sue NY over controversial $15 congestion toll to enter Manhattan

Metro

By Carl Campanile

Commercial truck drivers have joined the long list of opponents who’ve filed lawsuits to block the controversial first-in-nation congestion toll to enter parts of Manhattan.

The Trucking Association of New York (TANY) slammed the congestion pricing program as unconstitutional and a “scheme for which there is no prior precedent in this country” in a suit filed Thursday against the Metropolitan Transportation Authority and the state in Manhattan federal court.

Motorists would pay a $15 toll to enter Manhattan’s business district south of 60th Street — but truckers would pay $24 to $36 depending on the size of their vehicle.

Barring judicial intervention, the MTA plans to impose the new toll on June 30.

TANY claims congestion pricing violates the Commerce Clause of the US Constitution granting Congress the power to regulate interstate commerce.

The lawsuit argues the high toll “imposes a financial burden … which is excessive.”

“The congestion pricing policy unfairly targets trucking and logistics companies, which are charged far higher rates than passenger vehicles,” the Trucking Association said in a statement.

“TANY and its members are not fundamentally opposed to congestion pricing. TANY is fighting to overturn the current version of this plan and hopes to improve the plan to reduce its adverse impacts and introduce parity for the logistics industry.”

The trucking group said “potential fixes” include a complete toll exemption for essential industries, a once-a-day limit on tolls levied against trucks, or a “middle ground approach that would introduce pricing parity between trucks and passenger vehicles.”

The trucker’s litigation follows lawsuits filed by Staten Island Borough President Vito Fossella and the United Federation of Teachers, lower Manhattan residents and small business, and New Jersey Gov. Phil Murphy.

Oral arguments were recently heard in the New York court cases.

The MTA declined comment on the truckers’ suit.

But the pro-transit Congestion Pricing Now coalition said, “The lawsuit being brought by the Trucking Association of New York in the eleventh hour completely ignores the facts.”

“Trucks disproportionately impact traffic congestion and air pollution, justifying higher tolls. Charging trucks more on tolls is common practice that reflects their greater infrastructure and environmental costs.”

The group noted that truckers, like motorists, will pay significantly less with discounted tolls during off-peak deliveries.

“Ensuring faster delivery times for business owners and reducing daytime congestion, a win for businesses, for truck drivers and New York residents.” 

Congestion pricing is being implemented because of a state law championed by former Gov. Andrew Cuomo and the Democrat-controlled legislature in 2019, and the toll has been championed by Gov. Kathy Hochul to curb congestion and pollution in Midtown, while generating revenue to boost mass transit.

The MTA said the new tolling will generate $1 billion annually to pay for new subway trains, signal overhauls, a new expansion of the Second Avenue subway into East Harlem and other major projects, while reducing Midtown congestion.

Critics argue the toll will divert traffic and pollution elsewhere and pick motorists and businesses’ wallets and turn over their dollars over to a much-maligned agency with a documented record of massive overspending on capital projects compared to other large transit systems across the globe. 

A recent poll found New York voters across the board overwhelmingly oppose the new congestion toll.