The Supreme Court of the State of New York on Thursday granted a temporary restraining order, pausing the implementation of a 1% surcharge on tolls processed through Bestpass by Fleetworthy.
The New York State Thruway Authority in December announced a 1% surcharge scheduled to take effect Jan. 15, 2026, on tolls processed through commercial trucking toll management service companies that enroll in the authority’s newly established Toll Management Service Provider E-ZPass Commercial Charge Account program.
NYSTA’s new program allows for other providers to enter the market and would potentially require Bestpass to enroll in the new program to continue providing services for the Thruway.
Bestpass is one of only two companies that have previously offered commercial carrier toll management services for the Thruway for more than 20 years. According to court documents, PrePass, the other provider that services the Thruway, also was granted a temporary restraining order in the same vein. PrePass did not immediately respond to CCJ's request for comment.
The court’s ruling pauses the implementation of the surcharge and allows the providers to continue their participation in NYSTA’s existing Standard Commercial Charge Account program while the court reviews legal and procedural issues related to the new program. This ruling does not prohibit the authority from onboarding providers for the new program.
Bestpass said it sought the temporary restraining order on the surcharge because it was issued without public notice, stakeholder engagement, or the standard public process used for toll changes.
Fleetworthy CEO Tom Fogarty previously told CCJ that he was concerned about the financial impact this would have on trucking companies.
“Our first priority is protecting our customers, and today’s ruling helps preserve continuity for small businesses and consumers while these issues are reviewed. This ensures a major new cost increase won’t take effect before questions about the process and fairness of this surcharge are fully considered by the courts,” Fogarty said in a news release. “This is about transparency, fairness, and preventing immediate harm to the trucking fleets and small businesses we serve.”
The temporary restraining order does not represent a final decision on the surcharge.
NYSTA spokesperson Jennifer Givner shared this statement with CCJ regarding the recent ruling and issues raised:
“While we don’t comment on pending litigation, the New York State Thruway Authority supports the vital role played by the commercial trucking industry and is committed to maintaining the affordability of travel on the Thruway for commercial drivers. That’s why the current Thruway toll rate for commercial vehicles, at 19 cents per mile—compared to the Pennsylvania Turnpike’s 67 cents per mile—is one of the most affordable in the nation. In addition, [the] Thruway offers a 75% discount for those drivers that use a NY E-ZPass and provides the most substantial commercial volume discount in the nation. The new Toll Management Service Provider program ensures fairness and transparency for the trucking industry and increased oversight, allowing for maximum benefits.”
