“In the future, there will be tolls on cars and the money will go into the general fund!” This has been a rallying point for those opposing the RhodeWorks plan, which involves tolls on 18-wheelers. The problem with this rallying cry? It is wildly misleading and inaccurate.
I say this with confidence for a number of reasons, two of which I will reference here. First, from the language of the bill itself: “No act authorizing tolls on passenger vehicles pursuant to this chapter shall take effect until it has been approved by the majority of those electors voting in a statewide referendum.” Cars cannot be tolled until the voters themselves, in a statewide referendum, vote that cars will be tolled.
Second, the federal government, under the authority of the interstate commerce clause of the United States Constitution, has the power to preempt all state activity if that state activity interferes with federal policy relating to interstate commerce. There are a good number of United States Supreme Court decisions, dating back into the 1950’s, supporting and defining that power.
Nothing impacts interstate commerce more than tolls on roads and bridges. That means we will have to stay within the narrow permission granted by the federal government. That, in turn, means that any toll revenue will have to be used for the repair and upkeep of our bridges and roads, and only for that purpose.
Toll revenue cannot be used for other purposes. The Feds won’t allow it.
And that, in turn, means that no one will be tolling automobiles for the benefit of the general fund.
Daniel P. McKiernan is a Democratic state representative from District 7 in Providence.
