Maintaining a clean driving record in commercial driving is paramount for safeguarding one's livelihood. Among the numerous traffic violations that can tarnish this record, lane violations are a prominent concern for commercial drivers and carriers.
Understanding the Lane Violation Law
CA Vehicle Code (CVC) Section 22348, Speed Laws, Paragraph (c) sets clear guidelines about lane usage for commercial vehicles.
“A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb.”
To simplify:
- Most commercial vehicles are prohibited from using the third lane.
- Vehicles governed by traffic code 22406 must primarily use the right lane closest to the curb.
- For overtaking, such vehicles can use the second lane.
Most commercial vehicles can only use the third and subsequent lanes on divided highways with more than two lanes when turning left, making a U-turn where authorized, or entering or exiting the highway.
Protecting Your License Against Lane Violations
Protecting yourself from a lane violation charge goes beyond just adhering to these guidelines. When charged, it's crucial to consult a CA traffic attorney.
Typically, the legal options available are:
- Hire a commercial traffic ticket defense attorney. With their experience and knowledge of courtroom procedures, they can fight the case or potentially negotiate.
- Dismissal can be sought based on factors such as lack of evidence or to raise reasonable doubt. A traffic court judge must base your guilt or innocence on the evidence presented.
The repercussions of a lane violation conviction extend beyond the $237 fine. A paid fine or conviction will result in a 1.5 negligent operator treatment system (NOTS) point assessment and notifications sent to the employer and the DOT FMCSA Safety Measurement System (SMS).
This assessment of NOTS points could adversely affect the carrier’s fleet insurance, the driver’s motor vehicle driving record in CA, their Pre-employment Screening Program (PSP) record, and, subsequently, their driving position.
Methods to Prevent a Lane Violation Ticket
Commercial drivers must familiarize themselves with the traffic laws within the state they drive through. We recommend:
- Familiarize yourself with specific lane usage guidelines for commercial vehicles.
- Attend refresher courses on state-specific traffic regulations provided by your carrier.
- Comply with the guidance of signs posted along the route of travel.
Despite rigorous efforts, you might find yourself a victim of a lane violation, consult a traffic attorney.
How a CA Traffic Attorney Can Help with a Lane Violation Ticket
If you find yourself with a lane violation ticket, consult a traffic attorney who will help you understand your rights and the available legal avenues, such as:
Engaging a commercial traffic ticket defense attorney can be a strategic move.
Their experience and knowledge of courtroom procedures allow them to potentially negotiate for a no-point, non-moving violation on your behalf.
They can argue for a dismissal for insufficient evidence and other technical issues.
In conclusion, while the prospect of legal procedures might seem complex, protecting your commercial license from a lane violation becomes straightforward with the right information and assistance.
Hiring a seasoned attorney can make this process seamless, ensuring that legal jargon doesn't become a barrier to understanding. Our commitment is to guide and support commercial drivers every step of the way through consistent communication.
Consult Bigger & Harman, APC
When you need help with a lane violation ticket in your CMV in Roseville, CA Traffic Court, contact Bigger & Harman at (661) 349-9300 or email attorney@biggerharmanlaw.com.
Alternatively, you can use the convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.