The U.S. Court of Appeals for the First Circuit has upheld the constitutionality of electronic toll discounts by the Massachusetts Turnpike – in a case on appeal from U.S. District Court, TollRoadNews.com reported.

At issue was the Fast Lane Discount Program, which the plaintiffs argued discriminates against non-residents of the state. Fast Lane is the brand name for Massachusetts electronic toll program that uses E-ZPass group transponders.

The case goes back to 1997, when Massachusetts then-Gov. Bill Weld, seeking funds for the Central Artery project, had the Turnpike increase cash tolls from 50 cents to $1 in the western part of Boston and from $2 to $3 on the Sumner and Williams tunnels to the airport.

The toll increase was to go into effect on Jan 1, 2002, but in response to protests, the Turnpike postponed the increase and proposed a Resident Only Discount Program, under which state residents with Fast Lane transponders would receive toll discounts of 25 cents at the Allston-Brighton and Route 128 toll plazas on the Turnpike and 50 cents at the tunnels.

Before the Resident Only Discount Program went into effect, the issue arose concerning possible violations of the Commerce Clause of the Constitution. In response, the Turnpike got legal advice and dropped the announced Residents' Only discount, saying they would be available to out-of-staters as much as in-staters.