NEW YORK — The Trucking Association of New York (TANY) has filed a lawsuit against the Metropolitan Transportation Authority (MTA) over its soon-to-be-implemented congestion pricing framework in New York City.
The lawsuit, filed in the Southern District of New York on May 30, argues that the congestion pricing policy unfairly targets trucking and logistics companies, which are charged far higher rates than passenger vehicles.
Under the finalized plan, trucks would be subject to a charge of $24 or $36 per trip into the congestion zone below 60th Street in Manhattan, depending on their size, compared to just $15 per day for passenger vehicles.
While the goal of the plan is ostensibly to reduce vehicle traffic during business hours, the MTA is also required to raise at least $1 billion per year with congestion pricing, per a legislative directive from Albany — meaning the agency is incentivized to maximize revenue by targeting those with inelastic schedules, like trucks.
“The MTA’s reckless congestion pricing policy ignores the warnings and counsel of industry experts on both sides of the Hudson, who warn that the discriminatory way trucks and logistics companies are targeted by the plan will increase costs for residents everywhere,” said TANY President Kendra Hems. “This lawsuit was a step we took only out of necessity after the MTA repeatedly refused to make any concessions to our industry and ultimately used our essential, hard-working members as a tool to meet their arbitrary funding requirements. We hope that we can, through this litigation process, create a more equitable and fair policy that works for New York City.”
A spokesperson for the MTA declined to comment on the suit.
The trucking industry, which moves nearly 90% of goods in the five boroughs and has their delivery schedules set by the businesses they serve, is subjected to a higher rate because driver behavior is unlikely to be altered by the plan, according to the TANY.
“A 2017 study conducted by the MTA itself found that reducing commercial vehicle tolls in off-peak hours has no impact on vehicle crossing times, underscoring that trucks enter New York City when they have to, not when they want to,” the TANY said. “As such, the lawsuit argues that the MTA — knowing that truck demand is inelastic and unlikely to be altered by higher tolls — unfairly targeted trucks with higher rates to raise the mandated $1 billion.”
Joe Fitzpatrick, founder of Lightning Express Delivery Service and vice chair of TANY’s Board of Directors, said that his drivers would benefit more than most by having less vehicle traffic on the New York City streets, but those drivers have far fewer options.
“After all, they can’t move heavy freight via the subway or Metro North,” he said . “As any responsible business does, we deliver when our customers ask us to deliver, which is during prime business hours. That will not change now, but what will change is higher costs for New Yorkers as a result.”
Born in Pine Bluff, Arkansas, and raised in East Texas, John Worthen returned to his home state to attend college in 1998 and decided to make his life in The Natural State. Worthen is a 20-year veteran of the journalism industry and has covered just about every topic there is. He has a passion for writing and telling stories. He has worked as a beat reporter and bureau chief for a statewide newspaper and as managing editor of a regional newspaper in Arkansas. Additionally, Worthen has been a prolific freelance journalist for two decades, and has been published in several travel magazines and on travel websites.
