Authority to Toll

The Commission’s authority to toll has always been rooted in its Compact, first jointly enacted by the two states in 1934 and ratified by Congress in 1935. That authority has been reaffirmed in court decisions and subsequent changes and expansions to the Compact. The Commission’s ability to charge tolls at the Scudder Falls location stems from provisions added to the Commission’s federal Compact between 1984 and 1987. The Supplemental Agreement to the Compact was approved by Pennsylvania in 1984 and New Jersey in 1985. The U.S. Congress approved the changes April 1, 1987. On December 21, 2009, the Commission unanimously approved a resolution authorizing the agency’s Executive Director to “take all steps necessary to toll the Scudder Falls Replacement Bridge.“ A subsequent 2010 Federal Highway Administration (FHWA) legal opinion confirmed the Commission’s tolling authority at the Scudder Falls location “so long as the bridge is replaced, and the impacts of tolling are considered under NEPA (National Environmental Policy Act).”   (This final stipulation was addressed through the project’s EA Addendum.) In September 2012, the FHWA informed the Commission that a tolling agreement was not required for the replacement bridge under the federal transportation funding law (MAP-21).

  • Scudder Falls Bridge Toll Schedule

  • September 26, 2016 Toll Schedule Resolution

  • 2016 Toll Hearings Report

  • December 21, 2009 Tolling Resolution

  • FHWA Legal Opinion on Commission Tolling Authority

  • FHWA letter regarding tolling agreement