Supreme Court to Hear Arguments in Michigan Truck Fees Case

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he Supreme Court on Friday agreed to hear two of three pending appeals of a Michigan court decision that upheld the state's $100 flat fee on trucks that haul freight both within the state and from Michigan to out-of-state destinations, news services reported.

American Trucking Associations is among a group that believe the flat fee for in-state hauling discriminates against interstate commerce in violation of the U.S. Constitution and violates the Single State Registration System created by Congress in 1991, Bloomberg reported. A Michigan state appeals court previously upheld the fees.

The court will rule by July after hearing arguments in April, the Associated Press reported. The decision could determine some trucking firms recover some of the $70 million they said they overpaid in recent years.

ast year, the court asked the U.S. Solicitor General for his views on whether it should hear the appeals. He said the Michigan law undermines Congress's efforts to reduce financial and administrative barriers to interstate commerce, Bloomberg reported.

Lawyers for the state of Michigan said in court papers the Constitution allows flat fees, even when they involve "some elements of discrimination," if they are the only practical way of collecting revenue, Bloomberg reported.

The cases are American Trucking Associations v. Michigan Public Service Commission, 03-1230, and Mid-Con Freight Systems v. Michigan Public Service Commission, 03-1234.

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