Members of the Black Car Assistance Corporation (BCAC) received an urgent email on February 19, from Diana Clemente, the association’s president, warning about a recent change that puts the future of the Congestion Pricing tolling program at risk.
“Today, the Federal Secretary of Transportation delivered a letter to Governor Hochul. The Secretary has made a finding that NY State’s Central Business District Tolling Program (CBDTP), deemed a ‘pilot program,’ violates the Federal ‘value practice pilot program’ and therefore violates the Federal-aid-Highway Program (FAHP),” Ms. Clemente wrote. “The Secretary has determined that, while the FHWP makes certain allowances for tolls, such exceptions are not pertinent to the CBDTP. As a result of this determination, the Secretary has rescinded the November 21, 2024 agreement between the FHWA and the NY State Department of Transportation which gave the go-ahead to Congestion Pricing in NYC.”
Litigation disputing the actions of the Transportation Secretary is imminent from NY State and other interested parties, so Ms. Clemente wrote the following: “It is unknown at this time whether the Congestion Pricing program will terminate or continue. Therefore, it would be advisable that dispatch bases continue to add the Congestion toll to passengers’ bills, where appropriate, until there is a final determination of the program’s legality. Also, it is clear that the Secretary is not contemplating an immediate cessation of the Congestion toll. The last paragraph of the Secretary’s letter to the Governor states that: ‘The FHWA will contact NYSDOT and its project sponsors to discuss the orderly cessation of toll operations under this terminated pilot program.’”
In response, New York’s Gov. Hochul said she’s ready to fight the administration’s decision in court.
“Broadway shows are selling out and foot traffic to local businesses is spiking,” she said, according to an article in Crain’s New York Business. “School buses are getting kids to class on time, and yellow cab trips increased by 10%. Transit ridership is up, drivers are having a better experience, and support for this program is growing every day. We are a nation of laws, not ruled by a king. The MTA has initiated legal proceedings in the Southern District of New York to preserve this critical program.”
The Metropolitan Transportation Authority (MTA) said it is heading to court over the DOT’s withdrawal of its congestion pricing approval.
“Today, the MTA filed papers in federal court to ensure that the highly successful program – which has already dramatically reduced congestion, bringing reduced traffic and faster travel times, while increasing speeds for buses and emergency vehicles – will continue notwithstanding this baseless effort to snatch those benefits away from the millions of mass transit users, pedestrians and, especially, the drivers who come to the Manhattan Central Business District. It’s mystifying that after four years and 4,000 pages of federally-supervised environmental review – and barely three months after giving final approval to the Congestion Relief Program – USDOT would seek to totally reverse course,” said MTA Chair and CEO Janno Lieber in a statement.
Sources: BCAC, Crain’s New York Business
