23 U.S.C. § 111 : US Code - Section 111: Agreements relating to use of and access to rights-of-way - Interstate System

Search 23 U.S.C. § 111 : US Code - Section 111: Agreements relating to use of and access to rights-of-way - Interstate System

(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. 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) 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.
(c) 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.
(d) Idling Reduction Facilities in Interstate Rights-of-Way. -
(1) In general. - Notwithstanding subsection (a), a State may -

(A) permit electrification or other idling reduction
facilities and equipment, for use by motor vehicles used for
commercial purposes, to be placed in rest and recreation areas,
and in safety rest areas, constructed or located on rights-of-
way of the Interstate System in the State, so long as those
idling reduction measures do not reduce the existing number of
designated truck parking spaces at any given rest or recreation
area; and
(B) charge a fee, or permit the charging of a fee, for the
use of those parking spaces actively providing power to a truck
to reduce idling.
(2) Purpose. - The exclusive purpose of the facilities
described in paragraph (1) (or similar technologies) shall be to
enable operators of motor vehicles used for commercial purposes -

(A) to reduce idling of a truck while parked in the rest or
recreation area; and
(B) to use installed or other equipment specifically designed
to reduce idling of a truck, or provide alternative power for
supporting driver comfort, while parked.