§111 — Title 23 Highways | U.S. Code

Summary

When the federal government and a State make a deal to build something on the Interstate, the State must not add extra entrances or exits beyond what the federal official approved in the plans, unless the federal official agrees first. The State also must not allow gas stations or other businesses that serve motorists to be built or to get access on Interstate rights-of-way, and it must not move the right-of-way line to make room for them. The State can use the airspace above or below the road if it does not hurt highway safety, does not allow vehicles to drive directly to that space from the road, and does not block traffic. A State-owned service place that existed before January 1, 1960, and whose access meets highway standards, may stay. If the federal official asks for a report to justify adding an access point, the official may let the State department approve that report. The federal official must allow States to build rest areas on Interstates. Limited commercial activity is allowed inside rest areas only for people using the rest area, and only for things like inside advertising not readable from the road, tourism items (books, DVDs, media), tickets for tourism events, travel information (maps, booklets, coupons), and lottery machines (with priority for blind vendors). A private company may run these services, and any money made must pay for rest areas. States may place vending machines in rest and safety rest areas, must operate them, and should give priority to Randolph-Sheppard blind vendors; vending costs are not eligible for federal funds. Motorist call boxes are allowed on the National Highway System and may show sponsor logos with local highway approval. Logos on a call box may not exceed the box size or 12 inches by 18 inches; a sign may show a logo up to 12 inches by 30 inches; signs may be no more often than one every 5 miles; and at least 20 percent of sponsored call boxes must be on highways outside urbanized areas with more than 50,000 people. Call boxes must meet the Manual on Uniform Traffic Control Devices or other safety rules the Secretary requires.

Title 23, §111

Highways — Source: USLM XML via OLRC

(a)All agreements between the Secretary and the State transportation department for the construction of projects on the Interstate System shall contain a clause providing that the State will not add any points of access to, or exit from, the project in addition to those approved by the Secretary in the plans for such project, without the prior approval of the Secretary. Such agreements shall also contain a clause providing that the State will not permit automotive service stations or other commercial establishments for serving motor vehicle users to be constructed or located on the rights-of-way of the Interstate System and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment. Such agreements may, however, authorize a State or political subdivision thereof to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere in any way with the free flow of traffic on the Interstate System. Nothing in this section, or in any agreement entered into under this section, shall require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users on any highway which has been, or is hereafter, designated as a highway or route on the Interstate System (1) if such establishment (A) was in existence before January 1, 1960, (B) is owned by a State, and (C) is operated through concessionaries or otherwise, and (2) if all access to, and exits from, such establishment conform to the standards established for such a highway under this title.

(b)(1)Notwithstanding subsection (a), the Secretary shall permit a State to acquire, construct, operate, and maintain a rest area along a highway on the Interstate System in such State.

(2)The Secretary shall permit limited commercial activities within a rest area under paragraph (1), if the activities are available only to customers using the rest area and are limited to—

(A)commercial advertising and media displays if such advertising and displays are—

(i)exhibited solely within any facility constructed in the rest area; and

(ii)not legible from the main traveled way;

(B)items designed to promote tourism in the State, limited to books, DVDs, and other media;

(C)tickets for events or attractions in the State of a historical or tourism-related nature;

(D)travel-related information, including maps, travel booklets, and hotel coupon booklets; and

(E)lottery machines, provided that the priority afforded to blind vendors under subsection (c) applies to this subparagraph.

(3)A State may permit a private party to operate such commercial activities.

(4)A State shall use any revenues received from the commercial activities in a rest area under this section to cover the costs of acquiring, constructing, operating, and maintaining rest areas in the State.

(c)Notwithstanding subsection (a), any State may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System in such State. Such vending machines may only dispense such food, drink, and other articles as the State transportation department determines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines, the State shall give priority to vending machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, commonly known as the “Randolph-Sheppard Act” (20 U.S.C. 107a(a)(5)). The costs of installation, operation, and maintenance of vending machines shall not be eligible for Federal assistance under this title.

(d)(1)Notwithstanding subsection (a), a State may permit the placement of motorist call boxes on rights-of-way of the National Highway System. Such motorist call boxes may include the identification and sponsorship logos of such call boxes.

(2)(A)All call box installations displaying sponsorship logos under this subsection shall be approved by the highway agencies having jurisdiction of the highway on which they are located.

(B)A sponsorship logo may be placed on the call box in a dimension not to exceed the size of the call box or a total dimension in excess of 12 inches by 18 inches.

(C)Sponsorship logos in a dimension not to exceed 12 inches by 30 inches may be displayed on a call box identification sign affixed to the call box post.

(D)Sponsorship logos affixed to an identification sign on a call box post may be located on the rights-of-way at intervals not more frequently than 1 per every 5 miles.

(E)Within a State, at least 20 percent of the call boxes displaying sponsorship logos shall be located on highways outside of urbanized areas with a population greater than 50,000.

(3)The call boxes and their location, posts, foundations, and mountings shall be consistent with requirements of the Manual on Uniform Traffic Control Devices or any requirements deemed necessary by the Secretary to assure that the call boxes shall not be a safety hazard to motorists.

(e)If the Secretary requests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System (including new or modified freeway-to-crossroad interchanges inside a transportation management area), the Secretary may permit a State transportation department to approve the report.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (e). Pub. L. 114–94 inserted “(including new or modified freeway-to-crossroad interchanges inside a transportation management area)” after “the Interstate System”. 2012—Subsec. (a). Pub. L. 112–141, § 1539(a)(1), inserted “and will not change the boundary of any right-of-way on the Interstate System to accommodate

Construction

of, or afford access to, an automotive service station or other commercial establishment” before period at end of second sentence. Subsecs. (b) to (d). Pub. L. 112–141, § 1539(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Subsec. (e). Pub. L. 112–141, § 1505, added subsec. (e). 2008—Subsec. (d). Pub. L. 110–244 struck out subsec. (d) which related to idling reduction facilities in rights-of-way of Interstate System. 2005—Subsec. (d). Pub. L. 109–59 added subsec. (d). 1998—Subsecs. (a), (b). Pub. L. 105–178 substituted “State transportation department” for “State highway department”. 1995—Subsec. (c). Pub. L. 104–59 added subsec. (c). 1987—Pub. L. 100–17 designated existing provision as subsec. (a), inserted heading for subsec. (a), and added subsec. (b). 1978—Pub. L. 95–599 inserted provision listing situations which would not require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users. 1961—Pub. L. 87–61 substituted “to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere” for “to use the airspace above and below the established grade line of the highway pavement for the parking of motor vehicles provided such use does not interfere”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. Interstate Oasis Program Pub. L. 109–59, title I, § 1310, Aug. 10, 2005, 119 Stat. 1219, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this section [Aug. 10, 2005], in consultation with the States and other interested parties, the Secretary [of Transportation] shall—“(1) establish an interstate oasis program; and “(2) after providing an opportunity for public comment, develop standards for designating, as an interstate oasis, a facility that—“(A) offers—“(i) products and services to the public; “(ii) 24-hour access to restrooms; and “(iii) parking for automobiles and heavy trucks; and “(B) meets other standards established by the Secretary. “(b) Standards for Designation.—The standards for designation under subsection (a) shall include standards relating to—“(1) the appearance of a facility; and “(2) the proximity of the facility to the Dwight D. Eisenhower National System of Interstate and Defense Highways. “(c) Eligibility for Designation.—If a State (as defined in section 101(a) of title 23, United States Code) elects to participate in the interstate oasis program, any facility meeting the standards established by the Secretary [of Transportation] shall be eligible for designation under this section. “(d) Logo.—The Secretary [of Transportation] shall design a logo to be displayed by a facility designated under this section.” Vending Machines; Placement in Rest, Recreation, and Safety Rest Areas; State Operation of Machines Pub. L. 97–424, title I, § 111, Jan. 6, 1983, 96 Stat. 2106, provided that notwithstanding section 111 of this title before Oct. 1, 1983, any State could permit placement of vending machines in rest and recreation areas and in safety rest areas constructed or located on rights-of-way of National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] in such State. Such vending machines could only dispense such food, drink, and other articles as the State highway department determined were appropriate and desirable. Such vending machines could only be operated by the State. In permitting the placement of vending machines under this section, the State had to give priority to vending machines which were operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of

June 20, 1936, known as the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)). Demonstration Project for Vending Machines in Rest and Recreation Areas Pub. L. 95–599, title I, § 153, Nov. 6, 1978, 92 Stat. 2716, authorized Secretary of Transportation to implement a demonstration project respecting placement of vending machines in rest and recreation areas and to report not later than two years after Nov. 6, 1978, on results of such project. Revision of Agreements Relating to Utilization of Space on Rights-of-Way Pub. L. 87–61, title I, § 104(b),

June 29, 1961, 75 Stat. 123, authorized Secretary of Commerce [now Transportation], on application, to revise any agreement made prior to

June 29, 1961, to extent that such agreement relates to utilization of space on rights-of-way on National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] to conform to section 111 of this title as amended by subsection (a).

§111 Agreements relating to use of and access to rights-of-way—Interstate System

Summary

Title 23, §111

Notes & Related Subsidiaries

Editorial Notes

Amendments

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Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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