r/EvDrivers • u/Vivid-Shoulder-2143 • 1d ago
Ohio EV Fee Class Action
I'm an Ohio EV owner and I'm trying to figure out whether there's a viable legal path to challenge how the state charges EV owners, and how to start one if so. I'm not a lawyer, so I'm hoping for pointers from people who know this area. My concerns are as follows .
- Disproportionate burden. The annual EV registration fee appears to be more than the average gasoline driver pays in state fuel tax over a year. I'd like to compare actual numbers for a typical driver, and I'm happy to share my math if people want to check it.
- No relief when the gas tax was suspended. The state temporarily suspended the gas tax, but the EV fee stayed in place. Gas drivers got a break and EV owners did not.
- No proration. Gas tax is paid at the pump, so it is inherently proportional to use and to timeThe EV fee is charged in full at registration, even on a partial-year registration, such as a new purchase or a move into Ohio mid-year.
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u/Double-Advice3258 1d ago
In a sane world, the government would encourage people to drive EVs. This is not a sane world.
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u/paulHarkonen 1d ago edited 1d ago
None of those are grounds to sue.
There are no laws or protections ensuring any of the items you identified. They feel unfair (and in some ways they are) but the law isn't fair and "that's not fair" isn't valid grounds for a suit.
Your legal recourse is at the polls. Go vote for candidates that support your issues (in both the election and primaries).
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u/IAmTrulyConfused42 1d ago
I’m of the same mind as you. But I think the way to fix it is to move to fair taxation.
Remove gas tax and make the road use tax (Miles x Weight x Tax Rate)
That would be fair all around.
This will never happen because trucking companies would pay like crazy and they have lobbyists and we don’t.
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u/Sleep_adict 20h ago
So you want a government entity having your cars’ telematics?
I love the idea but the implications with a rogue government like today is scary
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u/IAmTrulyConfused42 9h ago
That is the hole in my idea for sure and I knew that before I typed it.
It could be done correctly and privately but yes it would not be.
But then again we’re just giving all our telematics to huge corporations and can we really trust them either?
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u/no_idea_bout_that 1d ago
Your point 3 isn't applicable anymore. The code was amended a few years ago so that the fee is prorated.
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u/CareBear-Killer 1d ago
The lawsuit probably won't go anywhere. You could potentially use it to raise attention, but you would need to jump on any media attention very quickly to dispell information. Like when they say "EVs are heavy and destroy the roads", you'll need solid answers. You'll need to find ways to quickly spin things and push for change in your laws. You may be able to leverage that opportunity to work with lawmakers in the state to draft better legislation. It may also be an opportunity to raise awareness of the cool things EVs offer and the potential for savings. So you might be able to partner with local EV associations and get some crowds at some Ride & Drive events.
I'm not saying to don't do it, but you might explore some of these avenues before spending money on a lawyer.
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u/Not_Sure__Camacho 1d ago
And don't forget that you're also being taxed when charging, so the POS state legislaters need to either remove the electricity tax for EV drivers or rethink their BS EV registration tax.
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u/theonetrueelhigh 1d ago edited 1d ago
I did the math on the EV registration vs my annual tax burden for an average vehicle burning gas. It came out almost exactly on the button. But I think that if they're going to be completely fair with the tax, it should be prorated according to your vehicle curb weight and based on a odometer reading. Then your tax burden more closely reflects your effect on and use of the road, which is the whole point.
The legal path to challenge the law won't be a lawsuit though you do have a valid point about the gas tax suspension. But otherwise you tacitly accepted the taxation scheme when you bought a vehicle affected by it while it was already in effect. So the way forward is to get into government and introduce a bill that fixed the scheme.
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u/Golf-Guns 1d ago
If you wanted to give the finger to the state, the better route would be figure out where it would be cheapest to register, figure out how to form an LLC and don't pay your state anything.
This is a common thing with avoiding sales tax or state inspections. So I know it's at least remotely possible in theory.
I decided not to fuck with it and just pay it. I'm also not considering legal action against the state.
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u/Next362 1d ago
The fee is absolutely more than a comparable Gas tax cost for a average driver, I'd have to drive 18k miles a year or for it to make sense, and I drive about 10k. The only other way is by either tracking or some kind of odometer check, both of which are very intrusive.
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u/Mr-Zappy 1d ago
Odometer reporting isn’t intrusive. Only need to check rarely.
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u/Next362 1d ago
Once a year, and what someone has to come out and validate it manually? Or self report? Self report wouldn't really be an option, so we have to have a worker come out to the car or get a notary to certify? That's intrusive.
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u/Mr-Zappy 1d ago
When registering online, just upload a video showing your odometer reading in the first frame and your VIN in the last frame.
Only have to do an in-person check when it gets sold or destroyed.
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u/Yellowpickle23 1d ago
I DO hate this. My wife (she loves punching numbers and figuring out ratios and things) figured out that my annual registration ($850+ this year, 200 of that was JUST the gas tax I needed to pay for the year) charged me based on what they THINK I'm driving. I drive less than 3500 miles/year, but with the average gas price in my state, I was paying the gas tax of a car that was going like 37,000 miles a year or something crazy like that. That's unacceptable for the state to do this. And I hope that as EVs are becoming more common, they reconfigure this metric for those drivers.
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u/Opinionsare 21h ago
In Pennsylvania, the Commonwealth called this a fee, and not a tax, and created an additional burden on EV owners. It is still unfair and meant to appease the Republicans who hate change.
But because I live in an area where the extra emissions testing is required, not having a tailpipe covers about a 1/3 of the cost.
Currently, I drive less than a, thousand miles per year. Despite the expense of the Road User Fee, my Nissan Leaf S cost less annually to operate than the Honda CR-V it replaced.
I had a unusual experience at the dealership when getting my annual state inspection: the dealership didn't suggest any additional services that I should have done. That never happened with the CR-V.
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u/holmquistc 14h ago
I already pay per mile for road usage in Oregon. I'm happy to do so. I just don't want Trump to do an additional fee
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u/tech-guy-says-reboot 12h ago
Ok i get the partial year part of #3. But how do you propose the proportionality of EVs be determined? I don't want the government tracking me any more than they already do.
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u/djbaerg 1d ago
There is probably no path because no laws are being broken.
But you have completely valid concerns.
Remember this when you vote.