The American Trucking Association (ATA) and three private trucking companies are suing the New York State Thruway Authority. The plaintiffs say tolls paid by commercial truck drivers, including oversize loads, is being diverted to the state’s canal system, which 
violates the Commerce Clause of the U.S. Constitution.
Since the ATA and private companies filed suit in late 2014, there have been major bumps in the road. But earlier this month, a three-judge panel of the United States Court of Appeals for the Second Circuit ruled that the case can proceed based on merit.
Richard Pianka, chief litigation counsel for the ATA, said this case stands up for all truckers and companies that pay tolls.
The New York State Thruway carries Interstates 87, 90, 95, 190 and 287, and tolls are charged on about 570 miles, according to records. These are interstates also used by oversize load carriers.
The Thruway Authority spent $80 million on the canals in 2007 and $100 million in 2012, according to a report by the Office of the New York State Comptroller.
Thruway tolls continue to increase to cover those costs.
The plaintiffs are asking the courts for declaratory and injunctive relief to bar the Thruway Authority from collecting excessive truck tolls. They are also asking for damages, recoupment, restitution, costs, attorneys’ fees and other relief the courts deem proper, according to the document.
