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.
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."
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
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.