Understanding Unsafe Lane Change
An unsafe lane change occurs when a driver moves from one lane to another without ensuring it is safe to do so.
According to CA Vehicle Code (VC) Section 22107, Turning and Stopping and Turning Signals, drivers must not turn or change lanes unless it can be done safely and after signaling appropriately.
Moreover, CA VC Section 22108 requires that the signal must be continuous for at least 100 feet before making a lane change:
“Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning.”
Likewise, many law enforcement officers (LEO) do not realize that CA VC does not apply if no other vehicles are affected by your lane change. In other words, the signal used to warn other drivers of your lane change is not required if there is no other traffic around. A skilled traffic attorney can present that to the traffic court judge.
Legal Consequences of Unsafe Lane Change
A conviction for an unsafe lane change can have significant legal ramifications. The fine for an unsafe lane change in CA is typically around $238. However, the consequences go beyond just the fine. The DMV will assess 1.5 points under the Negligent Operator Treatment System (NOTS) for this violation and notify the DOT FMCSA.
Unsafe Lane Change Impacts on Commercial Drivers
For commercial drivers, the stakes are even higher. A conviction for an unsafe lane change will be reported to the DOT FMCSA and the driver’s employer through the Employer Pull Notice (EPN) Program. Commercial drivers must also inform their employer in writing about any moving violation conviction, whether it occurred in a personal vehicle or a commercial motor vehicle (CMV).
Serious Offense and CSA Severity Points
The FMCSA classifies an unsafe lane change as a “serious offense.” This means the violation will result in Compliance, Safety, and Accountability (CSA) severity points against the driver and the carrier’s DOT number.
These CSA points impact the carrier’s Safety Measurement System (SMS) percentile, which fleet insurance providers use to assess risk and determine fleet insurance premiums.
Long-Term Implications for the Driver
Unsafe lane change convictions have long-term implications for drivers. CSA severity points remain on a driver’s Pre-employment Screening Program (PSP) record for three years.
A second serious offense within the same BASICS category within three years of the first results in a 60-day driver disqualification. A third offense within this period leads to a 120-day disqualification, a fourth, one year, and a fifth, a lifetime ban.
Financial Impact on Drivers
A clean driving record is essential for commercial drivers when negotiating their pay-per-mile salary and benefits. Unsafe lane change violations impact their driving record, employment opportunities, and income potential.
Why They Need a CA Traffic Attorney
If you are a commercial driver facing an unsafe lane change in Truckee Court in Nevada County, CA, it is crucial to seek the assistance of a CA traffic attorney.
We understand that you cannot afford to turn down a load of cargo to attend court. Our experienced attorneys can resolve your ticket, potentially reducing or dismissing the charges. This potentially helps you avoid NOTS and CSA severity points while protecting your driving record and employment opportunities.
Protect Your Career
Maintaining a clean driving record is vital to your professional driving career.
The legal ramifications of an unsafe lane change can be severe and long-lasting. Trust our team to handle your case efficiently and effectively, allowing you to continue your work without the burden of attending court.
Discuss an Unsafe Lane Change Ticket in Truckee, CA, with Bigger & Harman
An unsafe lane change can have serious legal and financial consequences, especially for commercial drivers. By working with our Nevada County Familiar Lawyer Team, you could safeguard your driving record and career.
Contact us at (661) 349-9300, se habla Español (661) 349-9755, or use our user-friendly contact form or email attorney@biggerharmanlaw.com. We’re here for you.
Download our e-book, Protecting Your Commercial Driver License.
References:
CVC Section 22107 & 22108, Turning and Stopping and Turning Signals
The DMV Portal CA Commercial Driver Handbook.