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Fighting CVC-22406

CA Vehicle Code (CVC) 22406

With I-10 providing access between Long Beach and Los Angeles Ports to Phoenix, AZ, many truckers find themselves in legal trouble because they are unfamiliar with CVC 22406, Speed Laws. CVC 22406 prohibits anyone from driving the following vehicles on any road in CA more than 55 mph:

● Trucks with more than three (3) axles, or towing another vehicle

● Cars or buses towing another vehicle

● School buses carrying pupils

● A trailer bus or truck designed to take 15 or more passengers, including the driver (CVC 636)

● Farm labor vehicles transporting passengers

● Any vehicle that weighs over 6,000 pounds with three or more axles

● Any vehicle that carries explosives

Therefore, drivers towing recreational vehicles (RVs), motorcycles, all-terrain vehicles (ATVs), or any trailer heading out to Joshua Tree NP, Coachella Valley, the Kofa Refuge, or on to Arizona, CVC 22406 limits their speed to 55 mph. Also, these vehicles are restricted to designated lanes according to CVC 22348 (c), Speed Laws, unless passing or making a left-hand turn. On roadways with four lanes or more traveling in the same direction, these vehicles can use the second lane, but not the third and fourth. This is widely known as a “third lane violation” in CA.

Frequently, this is referred to as a third lane violation. Practically, it means that any vehicle subject to CVC 22406, such as trucks and other vehicles that fall under that section of the CVC, must be driven in the right-hand lane, or the lane immediately to the left of the far-right hand lane, with some exceptions. Truckers get written up for being in the third lane from the right. Hence, the common assumption that causes people to think of it as a third lane violation. Therefore, if you have three or more axles or are towing a vehicle, don’t use the third or fourth lane. When you get a ticket because of it, consult a traffic ticket attorney.

CVC 21654 or Slow Lane Violations

CVC 21654, Driving on the Right Side states, “…any vehicle proceeding upon a highway at a speed less than the normal speed…” must drive in the right lane. Caltrans has the authority under this legislation to prohibit slow traffic from driving in the left lane. Vehicles pulling a trailer are required to drive no more than 55 mph. Since the state-wide regular rate of speed is 65 mph on most highways, you are likely required to drive in the far-right lane unless passing or preparing for a left-hand turn.

Special Consideration Fines for CMVs

The fine for violations of CVC 22406 for commercial motor vehicles (CMV) does not fit the pattern of regular speeding tickets. A speeding ticket 1-15 mph over in your personal vehicle is $230-250. For a CMVs it is around $285 for 1-9 mph more than the 55-mph speed limit, and about a $490-500 fine for ten mph or more than the 55-mph speed limit.

Finding a Traffic Attorney for Riverside County

Call Bigger & Harman, (661) 349-9300, when you receive a ticket for violating CVC 22406. They have helped hundreds of truckers avoid significant fines and penalties because they are traffic ticket attorneys who spend their time in traffic court or the office writing motions for dismissal. Send them an email, attorney@biggerharmanlaw.com, describing what happened and where. Provide as much detail as possible and they will reply as soon as they return to the office.

Do you have questions about road closures and law changes? Get updates on the Bigger & Harman Facebook page, and often there are tidbits of legal guidance there as well. Were you satisfied with the service provided? Tell your friends and family by leaving a comment. Not happy with the service you received? Tell us, 661-349-9300.

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References

CA Vehicle Code 21654, 22348, and 22406

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