Section § 1

Explanation

This law is called the Streets and Highways Code; it pertains to rules and regulations concerning streets and highways.

This act shall be known as the Streets and Highways Code.

Section § 2

Explanation
This law states that if a rule in this code is similar to an existing rule on the same topic, it should be seen as a continuation of the old rule, not a completely new one.
The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

Section § 5

Explanation

This section explains that unless stated otherwise, the definitions and rules outlined in the following parts of the code apply to how the code should be understood and interpreted.

Unless the particular provision or the context otherwise requires, the definitions, rules of construction, and general provisions hereinafter set forth shall govern the construction of this code.

Section § 6

Explanation

The titles and headings in this document are just for reference and do not change the content or interpretation of the law itself. They should not be seen as altering how the provisions within are applied or understood.

Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, part, chapter, article or section hereof.

Section § 7

Explanation

This law explains that if someone is given a power or responsibility by the code, they can delegate it to a deputy or another authorized person, unless it's specified that the task must be done personally.

Whenever any power or authority is given to, or any duty is imposed upon, any person by any provision of this code it may be exercised or performed by any deputy or person authorized by him unless it is expressly provided that it shall be exercised in person.

Section § 8

Explanation

This law states that any required documents, like notices, reports, petitions, permits, statements, or records, must be written in English.

Whenever any notice, report, petition, permit, statement or record is required by this code, it shall be made in writing in the English language.

Section § 9

Explanation

This law says that when a law or code is mentioned, it's automatically including any changes or new parts added to it over time. So, it applies to both the original law and any updates made to it later.

Whenever any reference is made to any portion of this code or of any other law, such reference shall apply to all amendments and additions thereto.

Section § 10

Explanation

This law section defines "Section" as referring to a part of this specific legal code, unless another law is specifically mentioned.

“Section” means a section of this code unless some other statute is specifically mentioned.

Section § 11

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 12

Explanation

In this law, whenever masculine words are used, they also refer to feminine and neutral genders. It's a way to make sure language is inclusive.

The masculine gender includes the feminine and neuter.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 13

Explanation

This law means that if a word is written in singular form, it can also mean multiple items, and if it's in plural form, it can refer to just one item.

The singular number includes the plural, and the plural the singular.

Section § 14

Explanation

This law simply states that whenever you see the word 'county' in this context, it also means 'city and county.'

“County” includes “city and county.”

Section § 15

Explanation

This law defines the term “City” to mean not just a regular city, but also a city and county or an incorporated town.

“City” includes “city and county” and “incorporated town.”

Section § 16

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 17

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 18

Explanation

In situations where someone cannot write, they can use a mark as their signature. A witness must write the person's name near this mark and also sign their own name beside it. For the mark to be accepted as a formal signature or for official purposes like sworn statements, two witnesses are needed to sign their own names next to the mark.

“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Section § 19

Explanation

This law defines the term "Person" broadly to include not just individuals but also businesses and organizations. It covers entities like firms, partnerships, associations, corporations, organizations, limited liability companies, and business trusts.

“Person” means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust.

Section § 20

Explanation

This section clarifies that when you see 'Department' mentioned in state laws or regulations, it refers to the Department of Transportation. Also, if there's any mention of the Department of Public Works, it should now be understood as referring to the Department of Transportation.

“Department” means the Department of Transportation of this state.
Any reference in any law or regulation to the Department of Public Works shall be deemed to refer to the Department of Transportation.

Section § 21

Explanation

This section simply defines the term "Director" as referring to the person in charge of the department.

“Director” means the director of the department.

Section § 22

Explanation

This law section says that when you see the term 'commission' in California state laws, it means the California Transportation Commission unless the context requires otherwise.

Also, any reference to the California Highway Commission in laws or regulations is now referring to the California Transportation Commission.

Unless the particular provision or the context otherwise requires, “commission” means the California Transportation Commission.
Any reference in any law or regulation to the California Highway Commission shall be deemed to refer to the California Transportation Commission.

Section § 22.5

Explanation

This law states that any time the Streets and Highways Code mentions the 'Business, Transportation and Housing Agency,' it actually means the 'Transportation Agency.' Similarly, when it references the 'Secretary of Business, Transportation and Housing,' it should be understood as the 'Secretary of Transportation.'

Whenever the term “Business, Transportation and Housing Agency” appears within the Streets and Highways Code, it shall refer to the Transportation Agency, and whenever the term “Secretary of Business, Transportation and Housing” appears within the Streets and Highways Code, it shall refer to the Secretary of Transportation.

Section § 23

Explanation

This section explains that in the context of this legal code, the term 'highway' is not limited to just roads. It also includes related structures like bridges, culverts (passageways for water), curbs, and drains, along with any other work connected to building, improving, or maintaining highways.

As used in this code, unless the particular provision or the context otherwise requires, “highway” includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance.

Section § 23.5

Explanation

This law defines a “freeway” as a type of road where people owning nearby land don’t have the natural right to enter or exit directly onto the freeway from their property. Sometimes, they might have some limited access, but that’s it. If it benefits the public, authorities can label such a freeway as a “controlled access highway.” Even when renamed, these roads still follow all the rules that apply to freeways.

“Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. If, in the judgment of the commission or the director, the public interest would be advanced thereby, a freeway, as defined herein, may be denominated a “controlled access highway”. In all other respects, the “controlled access highway” shall be subject to all provisions of this code pertaining to freeways.

Section § 24

Explanation

This section defines a 'State highway' as any highway that is developed or maintained by the state government, following constitutional or legislative approval.

As used in this code, “State highway” means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization.

Section § 25

Explanation

This section defines what counts as a 'county highway' in California. A county highway can be a road built directly by the county, or one that was constructed by others but then given to the county. It can also be a road that becomes a county highway through a property division process, or by any legal process that designates it as such.

As used in this code, “county highway” means any highway which is:
(a)CA Streets And Highways Code § 25(a) Laid out or constructed as such by the county.
(b)CA Streets And Highways Code § 25(b) Laid out or constructed by others and dedicated or abandoned to or acquired by the county.
(c)CA Streets And Highways Code § 25(c) Made a county highway in any action for the partition of real property.
(d)CA Streets And Highways Code § 25(d) Made a county highway pursuant to law.

Section § 26

Explanation

This law defines the term "acquire" and its variations when talking about real estate or property interests. It means obtaining property through several methods such as condemnation (a legal process to take private property for public use), buying, leasing, as well as getting it as a gift or through dedication.

As used in the general provisions and in Divisions 1 (commencing with Section 50), 2 (commencing with Section 900), and 2.5 (commencing with Section 1800), unless the context or a specific provision otherwise requires, “acquire,” or any of its variants, when used with reference to real property or any interest therein, includes, but is not limited to, both of the following:
(a)CA Streets And Highways Code § 26(a) Taking by condemnation, purchase, or lease.
(b)CA Streets And Highways Code § 26(b) Receiving by donation or dedication.

Section § 27

Explanation

This section defines what 'maintenance' means for roadways and related structures. It includes keeping them in a safe condition, operating safety devices and lights, and performing emergency repairs from accidents or natural events. It doesn't cover major reconstruction. Different highways receive varying levels of maintenance based on traffic and budget considerations.

As used in the general provisions and in Divisions 1 (commencing with Section 50), 2 (commencing with Section 900), and 2.5 (commencing with Section 1800), “maintenance” includes any of the following:
(a)CA Streets And Highways Code § 27(a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment, and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement.
(b)CA Streets And Highways Code § 27(b) Operation of special safety conveniences and devices, and illuminating equipment.
(c)CA Streets And Highways Code § 27(c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway, structure, or facility.
The degree and type of maintenance for each highway, or portion thereof, shall be determined in the discretion of the authorities charged with the maintenance thereof, taking into consideration traffic requirements and moneys available therefor.

Section § 28

Explanation

This law says that if a part of the code is found to be invalid or doesn't apply to someone or a particular situation, the rest of the code still remains valid and enforceable. This means that the invalidity of one part doesn't affect the rest of the code or its application to other people or situations.

If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.

Section § 29

Explanation

This section defines what "Construction" means for highways and roads. It covers acquiring land and materials, building or rebuilding structures, and making improvements other than regular maintenance. These improvements can include enhancing safety measures, planting along roadsides, and ensuring proper lighting, when needed, for safety reasons.

“Construction” includes:
(a)CA Streets And Highways Code § 29(a) Acquisition of rights-of-way and material sites and the payment of damage claims under Section 14 of Article I of the Constitution.
(b)CA Streets And Highways Code § 29(b) Construction.
(c)CA Streets And Highways Code § 29(c) Reconstruction.
(d)CA Streets And Highways Code § 29(d) Replacement.
(e)CA Streets And Highways Code § 29(e) Any improvement excepting maintenance as defined in Section 27.
(f)CA Streets And Highways Code § 29(f) Such improvements, without being limited thereto, may include, where capital outlay is required, provision for special safety conveniences and devices, roadside planting and weed control, and such illumination of streets, roads, highways, and bridges as in the judgment of the body authorized to expend such funds is required for the safety of persons using the same.

Section § 30

Explanation

This section defines the "State Highway Account" as a specific account within the State Transportation Fund.

“State Highway Account” means the State Highway Account in the State Transportation Fund.

Section § 35

Explanation

A 'vista point' is a designated roadside area on California highways where drivers can stop to enjoy the scenery or points of interest. These areas are signed and maintained by the state's highway department.

“Vista point” means any signed roadside area on the state highway system developed and maintained by the department for the purpose of providing the motorist with a place to stop to view the scenic panorama or points of visual interest.

Section § 36

Explanation

This law section defines "recycled water" or "reclaimed water" to mean the same thing as the definition provided in a specific part of the Water Code.

For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code.