Questions & Answers Concerning Truck Restriction on Route 41

A: No. PennDOT's own regulations specifically permit PennDOT to impose a truck restriction on roads, such as Route 41, that lack the adequate turning radii or horizontal width to permit trucks to operate safely. "Traffic on a highway or bridge, regardless of age or condition, may be prohibited or restricted by weight or size of vehicle when one or more of the following exist...[w]hen the highway has inadequate turning radii, horizontal width or underclearance at one or more locations." 67 Pa. Code 201.81. PennDOT's regulations also state that "[v]ehicles may be prohibited or restricted if...it has been determined that the movement of certain vehicles constitutes a safety hazard." 67 Pa. Code 201.82. In fact, the State currently prohibits tractor trailers (trucks 53 feet or longer) from 118 different highway segments in Pennsylvania, including 13 highway segments in Chester County alone. See PennDOT Publication 411, Pennsylvania National Truck Network. For example, for more than a decade, PennDOT has restricted large trucks from traveling on Route 144 in Centre County, because it was deemed unsafe based on its physical conditions.

Q: Don't trucks have to be provided access to Route 41 because it's on the National Highway System?

A: No. Both Federal and State regulations permit PennDOT to restrict truck access on Route 41, which is not part of the "National Network" of highways to which federal law requires large trucks be given access. See 23 C.F.R. Part 658, Appendix A. Even if Route 41 were part of the National Network (which it isn't), PennDOT would still have discretion to prohibit trucks. "Reasonable restrictions on the use of non-Interstate Federal-aid Primary routes on the National Network by STAA-authorized vehicles may be imposed during certain peak hours of travel..." 23 C.F.R. § 658.11(g).

Q: Isn't it unconstitutional to restrict out-of-state trucks from using Route 41?

A: No. The U.S. Constitution does not prohibit state truck safety regulations that do not discriminate against out-of-state interests in favor of in-state interests. Here, PennDOT would be treating both in-state and out-of-state large trucks the same. All large trucks, regardless of their state of registration, that are not either picking-up or delivering freight within the immediate Route 41 corridor, would be restricted. In fact, all the way back in 1933, the U.S. Supreme Court held that states could restrict through-bound trucks that pose a safety problem on congested roads. See Bradley v. Ohio, 289 U.S. 92 (1933) (Brandeis, J.).

Q: Isn't it unfair to truckers to make them have to take the Pennsylvania Turnpike to get to Harrisburg and points West, due to the extra cost and time?

A: No. Travel times from Wilmington to Harrisburg via the Turnpike are comparable. According to a travel time analysis conducted by the Delaware Valley Regional Planning Commission in 1999 (before the Turnpike implemented EZ Pass), the trip from Wilmington to Harrisburg via Routes 202 to 100 to the Turnpike was only 6 minutes longer in the morning and 12 minutes in the afternoon, as compared to Routes 41 to 30 to 283. Also, 19% of the northbound tractor trailers originate in New Jersey and 17% of the southbound tractor trailers are destined for New Jersey. Those tractor trailers traveling on Route 41 on their way to or from New Jersey should be taking the Pennsylvania Turnpike to US 476 (Blue Route) to US 322 (Commodore Barry Bridge). Trucks that travel the Turnpike frequently also receive a 20% discount on tolls. Finally, PennDOT accident data confirms that trucks using the Turnpike are three times less likely to be involved in a fatal accident as those which travel on other state roads. In contrast, two years ago, Route 41 was officially designated one of only five High Truck Crash Corridors in the entire Commonwealth, because it has a much higher incident of crashes than the state-wide average. When the economic and human costs of truck crashes on Route 41 are considered, the Turnpike is a far cheaper option. Therefore, it is abundantly fair to restrict large trucks from traveling on Route 41.

Q: Isn't it an unfair double-taxation to make truckers pay tolls on the Pennsylvania Turnpike when they already pay the fuel tax which is earmarked for maintenance of non-Turnpike roadways?

A: No. The damage to highways inflicted by tractor trailers and other large trucks costs far more than the fuel tax revenue that these vehicles generate. According to the Federal Highway Administration, fuel tax revenue paid by tractor trailers and other large trucks exceeding 50,000 pounds (at least 16% of the vehicles traveling on Route 41) covers only about 40 percent of the highway maintenance costs that they impose on taxpayers in terms of damage to the nation's highways. See U.S. Department of Transportation, Federal Highway Administration, Addendum to the1997 Federal HighwayCost Allocation StudyFinal Report (May 2000), Table 7. Ratios of 2000 Federal User Charges to Allocated Costs by Vehicle Class. Therefore, requiring tractor trailers bound for Harrisburg and points West to take the Pennsylvania Turnpike instead of Route 41 is far more equitable than allowing these vehicles to continue to overburden existing rural roadways like Routes 41, 30 and 322. This is true even without taking into account the hundreds of millions of dollars that it will cost to upgrade these roads to make them safe for tractor trailers and the additional costs to society associated with the much higher accident rates on these roads. As discussed, these costs would be entirely avoided if long-haul tractor trailers were required to take the Turnpike.