The Penalties for an Unsafe Lane Change in a CMV Can Jeopardize Your Driving Career
An unsafe lane change in a CMV might seem like a minor traffic ticket for a car driver.
However, the consequences can be far more severe for Commercial Driver's License (CDL) holders.
This blog post explores the potential penalties beyond the fine and explains how a traffic attorney can help minimize the damage or get your traffic ticket dismissed.
Beyond the Fine: The Real Penalties of an Unsafe Lane Change in a CMV
While the fine itself may not be a major financial burden, a conviction for an unsafe lane change can significantly impact your commercial-driving career.
Here's what you need to know:
- CA Negligent Operator Treatment System (NOTS) Points: A conviction can lead to 1.5 points added to your driving record under the NOTS system.
- DOT FMCSA Penalties: The FMCSA will be notified and may impose additional penalties based on their Compliance, Safety, and Accountability (CSA) program. These penalties can negatively impact your Pre-employment Screening Program (PSP) record.
- Potential Termination: Many trucking companies have strict safety policies, and a moving violation could lead to termination of employment.
All recruiting trucking firms must consider a driver’s PSP before hiring them as a commercial driver.
Understanding the Law: What Constitutes an Unsafe Lane Change?
CA Vehicle Code (VC) Section 22107, Turning and Stopping and Turning Signals states:
“No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal, in the manner provided in this chapter in the event any other vehicle may be affected by the movement.”
California traffic code requires drivers to signal lane changes and ensure it can be done safely. However, the law doesn't precisely define “reasonably safe.”
Also, the State must prove that your lane change affected other vehicles to be deemed unsafe.
Remember, the ticketing officer’s point of view is subjective, and a traffic court judge might see it the same way, especially with an experienced attorney to state your case.
A knowledgeable and experienced CA traffic attorney can help you resolve your traffic ticket.
Preventing Unsafe Lane Changes
Driver fatigue is a major cause of unsafe lane changes. Trucking companies are taking steps to combat fatigue through:
- Enforcing FMCSA Hours of Service (HOS) regulations to ensure adequate rest breaks.
- Investing in driver monitoring systems to detect signs of fatigue.
However, the best method of preventing an unsafe lane change in a CMV is knowledgeable commercial drivers who follow the rules. That’s you!
Fighting an Unsafe Lane Change Ticket: How an Attorney Can Help
A traffic attorney who routinely resolves CDL violations can explore various defenses and legal strategies to minimize the penalties.
This could involve:
- Challenging the officer's interpretation of the situation.
- Negotiating a plea bargain for a lesser offense with no points or an outright dismissal.
Furthermore, a traffic attorney can keep you out of court and on the road.
Don't Take the Risk: Contact Bigger & Harman Today
An unsafe lane change violation can have serious repercussions for your commercial driving career. Don't navigate the legal system alone. Contact a qualified traffic attorney to discuss your options and fight to protect your driving privileges.
Contact Bigger & Harman About Your Unsafe Lane Change in a CMV in Truckee, CA
When you have a traffic ticket for an unsafe lane change in a CMV, and you need assistance resolving it in Truckee Traffic Court, call us.
Call Bigger & Harman, APC, at (661) 349-9300 — use our contact form to send a picture of your ticket/violation or email attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
Download our e-book, Protecting Your Commercial Driver License.
References:
CA VC Section 22107, Turning and Stopping and Turning Signals.
The DMV Portal CA Commercial Driver Handbook.