Nonpublic Funding Options Available to Virginia Department of Transportation for Interstate Safety Rest Areas

Abstract

In 2009, 19 Virginia Interstate safety rest areas (SRAs) were closed for a savings of approximately $9 million per year for the Virginia Department of Transportation. These closures were opposed by those concerned with the possible effects on traveler safety, tourism dollars, and the commonwealth's business reputation. Virginia's SRAs were reopened in the spring of 2010, but not before the Virginia General Assembly passed House Joint Resolution 126 and Senate Joint Resolution 99 in early 2010 to investigate new and feasible nonpublic funding options for the continued operation of Virginia's SRAs. Federal law (Title 23, U.S. Code, Section 111: agreements relating to use of and access to rights-of-way on the Interstate system) prohibits federal-aid highways from offering any type of commerce for “serving motor vehicle users” at SRAs located on the Interstate Highway System right-of-way unless the establishment was in existence before 1960 and is owned by a state. Accordingly, commercial enterprises in Virginia and elsewhere are located at Interstate interchanges, and changes to the aforementioned federal code are consistently opposed. The nonpublic funding options presented were identified through a review of state and federal law, surveys of Virginia rest area users, interviews with industry groups, an assessment of initiatives by state departments of transportation for Interstate SRA funding, and questionnaires distributed to these state agencies. In the short term, simple options include the expansion of vending items, indoor advertising, and facility sponsorship. Complex options include relocating facilities under regional management and commercial facilities outside the Interstate right-of-way. In the long term, modification of the provisions of Title 23, U.S. Code, Section 111, or the repeal of Title 23, U.S. Code, Section 301: Freedom from tolls, would allow states additional nonpublic funding for Interstate SRAs.