§ 111. — Agreements relating to use of and access to rightsofwayInterstate System.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC111]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87-61, title I,
Sec. 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95-599, title I,
Sec. 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100-17, title I,
Sec. 110(a), Apr. 2, 1987, 101 Stat. 146; Pub. L. 104-59, title III,
Sec. 306, Nov. 28, 1995, 109 Stat. 580; Pub. L. 105-178, title I,
Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)
Amendments
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''.
Vending Machines; Placement in Rest, Recreation, and Safety Rest Areas;
State Operation of Machines
Pub. L. 97-424, title I, Sec. 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, commonly known as the
Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)).
Demonstration Project for Vending Machines in Rest and Recreation Areas
Section 153 of Pub. L. 95-599 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
Section 104(b) of Pub. L. 87-61 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).
