Legal Definitions - self-applying

A law, regulation, or rule is considered self-applying when its meaning and intent are immediately clear and understandable simply by reading the words as they are ordinarily used. It does not require complex legal interpretation, reference to external documents, or specialized legal knowledge to determine its effect or how it should be followed.

Here are some examples to illustrate this concept:

• Imagine a city ordinance that states: "No person shall consume alcoholic beverages in public parks." This ordinance is self-applying. An educated adult, even without legal training, can easily understand that drinking alcohol in a public park is prohibited. The words "consume," "alcoholic beverages," and "public parks" all carry their ordinary meanings, requiring no further legal analysis to grasp the rule.

• Consider a state statute that mandates: "All motor vehicles must stop at a red traffic light." This is a self-applying law. The instruction is direct and unambiguous. Anyone familiar with basic traffic rules and the common meanings of "motor vehicles," "stop," and "red traffic light" understands exactly what action is required. There's no need to consult legal precedents or legislative history to interpret this command.

• Suppose a local regulation declares: "Businesses operating within the downtown district must remove snow and ice from their adjacent sidewalks within 12 hours of a snowfall." This regulation is self-applying. The terms "businesses," "downtown district," "remove snow and ice," "adjacent sidewalks," and "12 hours of a snowfall" are all used in their everyday sense. The requirement is straightforward, and a business owner can understand their obligation without needing a lawyer to explain the nuances of the text.