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General Guidance in Reading the California Streets and Highways Code

The California Codes are 29 legal codes enacted by the California State Legislature

By Chris Micheli, July 3, 2022 7:40 am

California’s statutes are contained in 29 separate codes. The twenty-fifth alphabetically is the Streets and Highways Code. All 29 Codes have general provisions applicable to reading and interpreting that Code’s sections. The following are selected general provisions of the Streets and Highways Code:

Section 1 – This Act is known as the Streets and Highways Code.

Section 2 – The provisions of this Code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, are to be construed as restatements and continuations and not as new enactments.

Section 5 – Unless the particular provision or the context otherwise requires, the definitions, rules of construction, and general provisions forth govern the construction of this Code.

Section 6 – Division, part, chapter, article, and section headings contained are not to 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.

Section 7 – 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 must be exercised in person.

Section 8 – Whenever any notice, report, petition, permit, statement or record is required by this Code, it must be made in writing in the English language.

Section 9 – Whenever any reference is made to any portion of this Code or of any other law, the reference must apply to all amendments and additions.

Section 11 – The present tense includes the past and future tenses; and the future tense includes the present.

Section 12 – The masculine gender includes the feminine and neuter.

Section 12.2 – The term “spouse” includes “registered domestic partner.”

Section 13 – The singular number includes the plural, and the plural includes the singular.

Section 16 – The term “shall” is mandatory and “may” is permissive.

Section 17 – The term “oath” includes affirmation.

Section 19 – The term “person” means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust.

Section 28 – If any provision of this Code, or the application of it to any person or circumstance, is held invalid, the remainder of the Code, or the application of the provision to other persons or circumstances, must not be affected.

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