General Provisions
Section § 1
This law is called the Streets and Highways Code; it pertains to rules and regulations concerning streets and highways.
Section § 2
Section § 5
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.
Section § 6
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.
Section § 7
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.
Section § 8
This law states that any required documents, like notices, reports, petitions, permits, statements, or records, must be written in English.
Section § 9
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.
Section § 10
This law section defines "Section" as referring to a part of this specific legal code, unless another law is specifically mentioned.
Section § 11
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.
Section § 12
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.
Section § 12.2
This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.
Section § 13
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.
Section § 14
This law simply states that whenever you see the word 'county' in this context, it also means 'city and county.'
Section § 15
This law defines the term “City” to mean not just a regular city, but also a city and county or an incorporated town.
Section § 16
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.
Section § 17
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.
Section § 18
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.
Section § 19
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.
Section § 20
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.
Section § 21
This section simply defines the term "Director" as referring to the person in charge of the department.
Section § 22
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.
Section § 22.5
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.'
Section § 23
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.
Section § 23.5
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.
Section § 24
This section defines a 'State highway' as any highway that is developed or maintained by the state government, following constitutional or legislative approval.
Section § 25
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.
Section § 26
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.
Section § 27
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.
Section § 28
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.
Section § 29
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.
Section § 30
This section defines the "State Highway Account" as a specific account within the State Transportation Fund.
Section § 35
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.
Section § 36
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.