In New York, as the official start of the “congestion pricing” approach is only a month away, the New York Trucking Association (TANY) filed a lawsuit on Thursday (May 30th) to halt the Metropolitan Transportation Authority (MTA) policy of charging vehicles entering the district south of 60th Street in Manhattan a “congestion fee”.
According to the lawsuit, TANY argues that MTA’s Congestion Pricing is unfair to the commercial trucking industry. While MTA offers discounts for nighttime trucks, commercial transport cannot avoid peak hours to access cheaper tolls as they need to meet daytime delivery demands from customers.
MTA approved the pricing structure in March and subsequently announced it would be implemented starting on June 30th. Drivers entering the commercial district south of 60th Street in Manhattan would need to pay a $15 congestion fee, while truck drivers would have to pay between $24 and $36, depending on the size of the vehicle.
MTA offers a 75% discount for drivers entering lower Manhattan between 9 p.m. and 5 a.m. However, truck drivers argue that nighttime deliveries are impractical for suppliers who do not operate night shifts.
Paying $24 or $36 per day can be a significant burden, especially for small trucking companies. If a driver enters lower Manhattan thousands of times a year, it could amount to tens or even hundreds of thousands of dollars.
TANY stated in the lawsuit that the congestion fee “violates the provision in the U.S. Constitution that only Congress can regulate interstate commerce”. Due to challenging the constitutionality of New York laws, the lawsuit also names New York State Attorney General Letitia James as a defendant.
TANY believes that MTA’s congestion pricing policy, particularly regarding trucking and logistics firms, is unfair as it charges them higher fees, and they hope MTA will modify the current version.
“This lawsuit is a necessary step for us as MTA has repeatedly refused to make any concessions to our industry and ultimately used the hard-working employees in our essential industry as a tool to meet their financial needs,” said TANY President Kendra Hems in a statement.
The lawsuit by truck drivers is the latest following suits by Staten Island Borough President, United Federation of Teachers (UFT), residents and small businesses in lower Manhattan, and New Jersey Governor.
MTA has not commented on the lawsuit. Previously, the organization stated that the congestion fee would generate $1 billion in revenue annually, which would be used to purchase new subway cars, signal repairs, the Second Avenue subway expansion to East Harlem project, and other projects, while reducing traffic congestion in Midtown Manhattan and improving air quality.