A commercial vehicle lane violation can be so much more than a nuisance for a commercial driver when headed to the Bay area on I=5 or SR-99 around Stockton, CA.
A commercial vehicle lane violation occurs when a commercial vehicle is found driving in a lane where it is not permitted, such as in other than a lane designated for commercial vehicles.
Other than where designated, CA Vehicle Code (CVC) Section 22348(c), Speed Laws, commercial vehicles, as defined by CA VC Section 22406, Speed Laws, are restricted to the first lane on the right, except when passing, in which case they may use the second lane from the right.
On California freeways with three or more lanes, commercial vehicles are prohibited from using the third lane and beyond, except to execute a left turn or legal U-turn.
Understanding the Fines and Points for Commercial Vehicle Lane Violations
A commercial vehicle lane violation conviction typically carries a fine of around $238.
Many drivers believe it is cheaper and more convenient to pay the fine rather than hire a traffic attorney, until the repercussions of a moving violation kick in.
However, the repercussions extend far beyond this monetary penalty. The DMV will assess 1.5 points under the Negligent Operator Treatment System (NOTS) for this violation, triggering other events.
The CA DMV assessment triggers notifications to the DOT FMCSA, which assigns Compliance, Safety, and Accountability (CSA) severity points and the driver’s employer through the Employer Pull Notice (EPN) Program.
Reporting Requirements for Commercial Drivers
Commercial drivers have strict reporting requirements.
Any moving violation conviction, whether it occurs in a personal vehicle or a commercial motor vehicle (CMV), must be reported by them in writing to their employer. This is mandatory regardless of where the violation took place. Ensuring timely and accurate reporting is crucial to maintain compliance with these regulations.
Impact on Driving Records and Employment
Although the fine for a commercial vehicle lane violation is relatively modest, the resulting NOTS points can have significant consequences.
The DMV's assessment of these points leads to a notification to the DOT FMCSA. The FMCSA will then assess Compliance, Safety, and Accountability (CSA) severity points.
These points will remain on the driver’s Pre-employment Screening Program (PSP) record for three years, impacting their driving record and employment opportunities.
Insurance and SMS Percentile
Every moving violation conviction adds to the carrier’s Safety Measurement System (SMS) percentile.
Fleet insurance providers use this percentile to determine the carrier’s risk quotient, influencing fleet insurance premiums.
Therefore, a commercial vehicle lane violation can indirectly affect the carrier's financial health and the driver’s pay-per-mile salary and benefits.
Maintaining a clean driving record is essential for drivers to negotiate better pay and benefits.
Why CDL Holders Need a CA Traffic Attorney
If you’re a driver facing a commercial vehicle lane violation ticket, it’s crucial to seek professional legal assistance.
We understand that attending court to dispute a ticket can be challenging, especially when you can't afford to turn down a load of cargo.
Our experienced CA traffic attorneys can represent you, potentially reducing or dismissing the charges, thus protecting your driving record and employment prospects.
Protect Your Career with Professional Help
Maintaining a clean driving record is vital for your career and financial stability. A commercial vehicle lane violation can have serious and lasting impacts on your employment and income.
Trust our team to handle your case efficiently, allowing you to focus on the road ahead without the added stress of legal issues.
Let Bigger & Harman Resolve Commercial Vehicle Lane Violation in San Joaquin County Court
When disputing a commercial vehicle lane violation in Stockton Courthouse in San Joaquin County, CA, get a free consultation from Bigger & Harman. Understand your rights and how inexpensive it can be to get knowledgeable legal assistance.
Call Bigger & Harman, APC, at (661) 349-9300 — Se habla Español (661) 349-9755.
Use our convenient contact form to send a scanned image of your ticket or email it to: attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DMV Portal CA Commercial Driver Handbook.