September 17, 2002, Grain Valley, MO - For the second
time, the U.S. 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 OOIDA member Max Anderson of Muncie.
Supported by the Owner-Operator Independent Drivers Association,
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 stated,
"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 U.S. Constitution."
Johnston added, "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 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
The U.S. Supreme Court receives a large number of petitions for
consideration. Those chosen to be heard by the high court are limited,
but OOIDA adamantly believes the case must be heard.