For the second time, the United States Supreme Court has been asked to review the constitutionality of the collection of fuel taxes on toll roads, this time in a suit against Indiana. The plaintiff is Max Anderson of Muncie IN, a member of the Owner-Operator Independent Drivers Association. Supported by OOIDA, Anderson's petition to the Supreme Court represents continued efforts by OOIDA in lawsuits originally filed against New York, Ohio, Illinois, and Indiana in February 1999.
Commenting on the recent filing, OOIDA President Jim Johnston said, “Truckers feel very strongly about this issue, or this second petition to the Supreme Court would not be happening. When tolls fully pay for the use of the toll road, OOIDA believes the collection of a fuel tax for the use of the same road is an ‘undue burden’ on interstate commerce, and is forbidden by the Commerce Clause of the US Constitution.
“Success in this litigation could mean the refund to owner-operators and motor carriers of several years of fuel taxes paid on miles driven on toll roads,” he said, “and it would go far in promoting fairness and equity in fuel tax assessments. As more states eye toll roads as a viable option, trucks are an easy and convenient target.”