Appeals court rules tolls are not taxes; Rhode Island must face toll lawsuit

[Mike]

The United States Court of Appeals for the First Circuit reversed a lower court’s decision to dismiss the American Trucking Associations’ case against Rhode Island for its truck-only tolls after the state invoked the Tax Injunction Act. The reversal allows ATA to proceed with its lawsuit.

At the heart of the case was whether or not tolls are taxes. If tolls are considered taxes, then the Tax Injunction Act would protect Rhode Island from lawsuits like ATA’s.

On Thursday, Dec. 5, the First Circuit court ruled that tolls are not taxes within the meaning of the Tax Injunction Act. Consequently, Rhode Island must face the challenge in federal court.

Appeals court rules tolls are not taxes; Rhode Island must face toll lawsuit

Rhode Island must face a lawsuit against its truck-only tolls after a federal appeals court ruled that tolls are not taxes under the Tax Injunction Act.

landline.media

 

[GAnthony]

The United States Court of Appeals for the First Circuit reversed a lower court’s decision to dismiss the American Trucking Associations’ case against Rhode Island for its truck-only tolls after the state invoked the Tax Injunction Act. The reversal allows ATA to proceed with its lawsuit.

At the heart of the case was whether or not tolls are taxes. If tolls are considered taxes, then the Tax Injunction Act would protect Rhode Island from lawsuits like ATA’s.

On Thursday, Dec. 5, the First Circuit court ruled that tolls are not taxes within the meaning of the Tax Injunction Act. Consequently, Rhode Island must face the challenge in federal court.

Appeals court rules tolls are not taxes; Rhode Island must face toll lawsuit

Rhode Island must face a lawsuit against its truck-only tolls after a federal appeals court ruled that tolls are not taxes under the Tax Injunction Act.

landline.media

i seriously am hoping the state loses.

 

[Rigjockey]

I am not a lawyer but I would say if the roads are government owned then, Tolling them is a tax. Tolling only trucks on a government owned road is definitely a tax.

If the road is privately held, it is not a tax, it is a fee.

 

[ironpony]

I am not a lawyer but I would say if the roads are government owned then, Tolling them is a tax. Tolling only trucks on a government owned road is definitely a tax.

If the road is privately held, it is not a tax, it is a fee.

Traitor!

 

[Duck]

I am not a lawyer but I would say if the roads are government owned then, Tolling them is a tax. Tolling only trucks on a government owned road is definitely a tax.

If the road is privately held, it is not a tax, it is a fee.

And if it's privately owned, police should have no authority to write speeding tickets.

Like the kangaroo turnpike in Indiana. Someone needs to take a speeding ticket to the Supreme Court.

 

[Rigjockey]

And if it's privately owned, police should have no authority to write speeding tickets.

I think the privately owned toll road owners should foot the bill for officers to patrol toll roads (at the rate of time and a half) in addition to the taxes the toll road owners pay.

 

[Duck]

I think the privately owned toll road owners should foot the bill for officers to patrol toll roads (at the rate of time and a half) in addition to the taxes the toll road owners pay.

I think they do pay the cops.

But it doesn't matter.

I can't post a speed limit of 1 mph on my driveway and hire a cop to ticket the pizza guy when he hits 6 mph. It's unenforceable.

It should be the same for the toll roads.

 

[Electric Chicken]

Toll roads need to be perfectly butter smooth.

I hate rough roads, let alone ones I pay directly to basically open a gate to let me in and out of.

 

[Duck]

Toll roads need to be perfectly butter smooth.

I hate rough roads, let alone ones I pay directly to basically open a gate to let me in and out of.

Perfectly smooth, no speed limits and no police allowed.

 

[Electric Chicken]

Perfectly smooth, no speed limits and no police allowed.

Yup pretty much. Stiff ass penalties for blatant wrecklessness though. Germany does it well. You can haul ass but you can't endanger others.

 

[389 Hood]

Perfectly smooth, no speed limits and no police allowed.

Oh, yeah! I can see it now. The megas would drive these roads with their 62 mph junk all while trying for 100 miles to pass each other.

 

[Duck]

Oh, yeah! I can see it now. The megas would drive these roads with their 62 mph junk all while trying for 100 miles to pass each other.

They already do.