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23 U.S.C. § 111Agreements relating to use of and access to rights-of-way—Interstate System

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 990 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law controls access points and commercial businesses along Interstate highways. States can't add new exits or roadside businesses without federal approval. States can still build rest areas with limited shops, vending machines, and call boxes.

(a) In general. Every agreement between the Secretary of Transportation and a State's transportation department, for building an Interstate System project, must include two promises from the State. First, the State won't add any new points where vehicles can get on or off the highway beyond what the Secretary already approved in the project plans, unless the Secretary approves the addition first. Second, the State won't let gas stations or other businesses that serve vehicle users be built on the Interstate's right-of-way, and won't redraw the right-of-way's boundary just to make room for one. Agreements can still let a State use the space above or below the highway's roadway — for example, building over or under it — as long as that use doesn't hurt the highway's safety or full use, doesn't require or allow cars to drive onto that space directly from the highway, and doesn't get in the way of traffic. This section also protects certain existing businesses: if a vehicle-service business already existed before January 1, 1960, is owned by a State, and is run by the State (itself or through a concessionaire), it does not have to be shut down or removed just because its road later became part of the Interstate System — as long as its entrances and exits meet the usual standards for that kind of highway. (b) Rest areas. Even though subsection (a) restricts roadside businesses, the Secretary must let a State build, run, and maintain rest areas along its Interstate highways. Inside those rest areas, the State can allow some limited commercial activity, but only for people already using the rest area: advertising and media displays (shown only inside a rest-area building and not readable from the highway), items promoting state tourism (like books, DVDs, or other media), tickets to the state's historical or tourism events, travel information such as maps and hotel coupon booklets, and lottery machines (with priority given to blind vendors, as described in subsection (c)). A State may let a private company run these commercial activities. Any money the rest area earns this way must go toward the cost of acquiring, building, running, and maintaining the State's rest areas — not other purposes. (c) Vending machines. Despite subsection (a), a State may place vending machines in rest areas, recreation areas, and safety rest areas on Interstate rights-of-way. These machines can sell only the food, drinks, and other items the State's transportation department decides are appropriate, and only the State itself may operate them. When deciding which vending machines to place, the State must give priority to machines run through the state agency set up under the Randolph-Sheppard Act, which gives blind vendors priority for this kind of work. The costs of installing, running, and maintaining these vending machines cannot be paid for with federal highway funds under this title. (d) Motorist call boxes. Despite subsection (a), a State may put emergency call boxes along National Highway System rights-of-way, and those call boxes may display who they belong to and who sponsors them. Any sponsor logo must be approved by the highway agency in charge of that road. A logo on the call box itself can be no bigger than the box, and no larger than 12 by 18 inches overall. A logo on a separate identification sign attached to the call box's post can be up to 12 by 30 inches. Logo-bearing signs can't be placed closer together than once every 5 miles. Within each State, at least 20% of the call boxes with sponsor logos must sit on highways outside of cities with populations over 50,000. All call boxes, and their posts, foundations, and mountings, must follow the Manual on Uniform Traffic Control Devices, or any other rule the Secretary sets, to make sure they don't create a safety hazard for drivers. (e) Justification reports. Sometimes the Secretary asks for, or requires, a report justifying a new project that would add an access or exit point to the Interstate System — including new or changed interchanges connecting a freeway to a local road inside a transportation management area. When that happens, the Secretary has the option of letting the State's own transportation department approve that report, instead of reviewing and approving it at the federal level.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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)Rest Areas.—
(1)In general.—

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)Limited activities.—

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)Private operators.—

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

(4)Limitation on use of revenues.—

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)Vending Machines.—

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)Motorist Call Boxes.—
(1)In general.—

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)Sponsorship logos.—
(A)Approval by state and local agencies.—

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)Size on box.—

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)Size on identification sign.—

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)Spacing of signs.—

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)Distribution throughout state.—

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)Nonsafety hazards.—

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)Justification Reports.—

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.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87–61, title I, § 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95–599, title I, § 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100–17, title I, § 110(a), Apr. 2, 1987, 101 Stat. 146; Pub. L. 104–59, title III, § 306, Nov. 28, 1995, 109 Stat. 580; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1412, Aug. 10, 2005, 119 Stat. 1234; Pub. L. 110–244, title I, § 104, June 6, 2008, 122 Stat. 1578; Pub. L. 112–141, div. A, title I, §§ 1505, 1539(a), July 6, 2012, 126 Stat. 564, 587; Pub. L. 114–94, div. A, title I, § 1405, Dec. 4, 2015, 129 Stat. 1410.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-767 · 72 Stat. 895
  • 1961Amended · Pub. L. 87-61 · 75 Stat. 122
  • 1978Amended · Pub. L. 95-599 · 92 Stat. 2697
  • 1987Amended · Pub. L. 100-17 · 101 Stat. 146
  • 1995Amended · Pub. L. 104-59 · 109 Stat. 580
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 193
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1234
  • 2008Amended · Pub. L. 110-244 · 122 Stat. 1578
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 564, 587
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1410

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-767 on 1958-08-27.

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