Can I set up a business in safety rest areas or welcome centers selling food or other products to motorists?
No. Section 111 of Title 23 (“Highways”), United States Code, prohibits the States from commercializing the right-of-way along the Interstate System. The commercial prohibition in Section 111 dates to 1956 when Congress was considering the legislation that launched the Interstate Highway Program. The Members considered following the model of the toll turnpikes that provided commercial facilities in service areas for motorists who would otherwise have to leave the facility and pay a toll to continue their journey. Congress rejected this model by enacting the Section 111 prohibition on commercialization. The intent was to avoid State approved or supported monopolies for traveler services, such as those provided on toll roads. During the debate, Representative Charles A. Vanik (D-OH) explained what Congress had in mind: “Let the highway traveler turn off the Interstate system if he requires food, motor-vehicle service, lodging or Stuckey’s pecans.” The Surface Transportation Assistance Ac
