The Federal Highway Administration on April 3 issued a notice to state departments of transportation that the agency will allow food trucks to operate and sell food at federally funded interstate highway rest areas to support commercial truck drivers during the coronavirus emergency.
“America’s commercial truck drivers are working day and night during this pandemic to ensure critical relief supplies are being delivered to our communities,” FHWA Administrator Nicole Nason said in a statement. “…It is critical to make sure truck drivers continue to have access to food services while they’re on the job serving our nation during these challenging times.
Nason lauded the federal government’s state transportation partners for bringing the idea to the federal agency, and for their leadership in “thinking outside the box.”
By statute, commercial activity in the federally funded interstate right-of-way is prohibited, with limited exceptions. However, the FHWA administrator has the discretion to take any action deemed appropriate to bring a state into compliance with federal requirements.
“However, given the extreme and unprecedented nature of the COVID-19 pandemic, Administrator Nason is choosing not to take remedial measures against states that allow food trucks to provided food in rest areas off the federally funded interstate right-of-way for the duration of the national emergency declared by the president in response to the COVID-19 public health crisis.”
“The nation is experiencing extraordinary and unprecedented circumstances due to the current COVID-19 national public health emergency, in which states have been forced to close restaurants and other available food service accommodations, including in interstate highway rest areas,” said the FHWA’s Notice of Enforcement Discretion.
“The agency recognizes that in such circumstances, vending machines may not be adequate to provide the necessary sustenance, and in many cases the vending machines may not be regularly stocked at the present time,” FHWA said.
