Commercial truckers have joined a long list of opponents who have filed lawsuits to block a controversial bill that would be the first in the nation to implement congestion pricing in parts of Manhattan.
The Trucking Associations of New York (TANY) filed a lawsuit against the MTA and the state in Manhattan federal court on Thursday, calling congestion pricing unconstitutional and “unprecedented in this country.”
Motorists would pay a $15 toll to enter Manhattan’s business districts below 60th Street, while truckers would pay between $24 and $36 depending on the size of their vehicle.
Barring judicial intervention, the MTA plans to impose the new tolls on June 30.
TANY argues that congestion pricing violates the Commerce Clause of the U.S. Constitution, which gives Congress the power to regulate interstate commerce.
The lawsuit argues that the high tolls “impose a financial burden that is excessive.”
“Congestion pricing policies unfairly target trucking and logistics companies, who are subject to much higher rates than passenger vehicles,” the trucking associations said. It said in a statement.
“TANY and its members are not fundamentally opposed to congestion pricing. TANY is fighting to overturn the current version of the plan and hopes to improve it to reduce negative impacts and bring equity to the logistics industry.”
The trucking industry group said “potential solutions” could include a complete exemption from tolls for essential industries, a one-per-day limit on tolls levied on trucks or “a middle-ground approach that would introduce price parity between trucks and cars.”
The truck drivers’ lawsuit follows lawsuits filed by Staten Island Borough President Vito Fossella, the United Teachers Union, lower Manhattan residents and small businesses, and New Jersey Governor Phil Murphy.
Oral arguments were recently heard in a New York court.
The MTA declined to comment on the truck drivers’ lawsuit.
But the transit advocate Coalition to Implement Congestion Pricing said the New York Trucking Associations’ last-minute lawsuit completely ignores the facts.
“Trucks have a disproportionate impact on traffic congestion and air pollution, justifying higher tolls. Imposing higher tolls on trucks is a common practice that reflects their significant infrastructure and environmental costs.”
The group noted that truckers, like car drivers, pay significantly lower rates during off-peak delivery periods due to discounted tolls.
“Faster delivery times for business owners and reduced congestion during the day is a win for businesses, truck drivers and New Yorkers.”
The congestion pricing plan was put into place through state legislation pushed by former Gov. Andrew Cuomo and the Democratic-controlled Legislature in 2019. Gov. Kathy Hockle has pushed for the toll as a way to curb congestion and pollution in Midtown and generate revenue to boost public transportation.
The MTA said the new tolls would generate $1 billion a year to help pay for new subway cars, signal overhauls, a new extension of the Second Avenue subway into East Harlem and other major projects, while also easing congestion in Midtown.
Critics argue that tolls divert traffic and pollution elsewhere, dirty the wallets of drivers and businesses, and put money in the hands of a notorious agency with a record of massive overspending on capital projects compared with other large transit agencies around the world.
Recent polls show that New York voters, overall, are overwhelmingly opposed to new congestion pricing.
