It’s been 15 weeks since Jan. 5, when the congestion pricing cameras started charging vehicles driving south of 60th St. a toll to enter the most crowded part of the most crowded city in America and it’s succeeding exactly as foreseen. And the cameras remain on, despite an unenforceable “order” from Gloria M. Shepherd, executive director of the Federal Highway Administration, setting a deadline of yesterday to turn them off.
We have excellent reason to believe that this is the exact same Gloria M. Shepherd, also identified as the executive director of the Federal Highway Administration, who signed the Value Pricing Pilot Program agreement with the state and city departments of transportation and the MTA’s Triborough Bridge and Tunnel Authority on Nov. 21 authorizing the tolls.
Shepherd’s permission is contained in the first operative clause of the VPPP document: “The FHWA agrees that TBTA may operate the Project as a toll Project in accordance with the provisions of this Agreement and as a value pricing project, as part of NYSDOT’s value pricing pilot program.”
And as to who can cancel the tolls is the 11th operative clause of the signed contract: “That NYSDOT, TBTA and NYCDOT agree they will work with FHWA to return the Project to its original operating condition if TBTA decides to discontinue tolls on the Project.”
“If TBTA decides to discontinue tolls on the Project.” That’s super clear that only the TBTA, not the U.S. government, can end the program.
Shepherd can’t undo her signature on the VPPP and she can’t undo the authorization of the U.S. government.
The MTA and their ace lawyer, Robbie Kaplan, have sued the U.S. DOT to prevent the binding VPPP contract being terminated by the feds and have presented Manhattan Federal Judge Lewis Liman with six different counts as why it would be a violation of law and cannot happen.
Liman set a briefing schedule with the papers going back and forth until July 29. That’s a real date, not Shepherd’s phony deadline of yesterday. The MTA position is the correct and legal one: The cameras stay on unless a court orders otherwise.
Liman is an expert on congestion pricing. He’s handling five civil lawsuits filed by congestion pricing foes between Nov. 22, 2023 and March 3, 2025. He has already issued several rulings on four of the suits, each time upholding congestion pricing. Liman’s most recent opinion and order was last Thursday.
The foes have made constitutional claims, environmental claims, procedural claims. They have invoked the Commerce Clause, interstate travel and due process. They have said there hasn’t been enough review, that the tolls are discriminatory, and on and on.
They just don’t want to pay the toll. Our answer is then, so don’t drive into the zone. If they have to drive into the zone, it’s a much better trip with fewer cars competing for space, moving faster and less pollution.
Everyone is better off, including drivers. It’s a really smart idea and the guy who created the concept, Columbia economics Prof. Bill Vickrey, was a really smart guy who won the Nobel Prize.
Vickrey knew this in the 1950s when he came up with the idea and the only downside is that it took seven decades to put into reality.
