California commercial lane violation laws restrict commercial vehicles to the first two lanes closest to the “right-hand edge or curb.”
According to CA Vehicle Code (VC) Section 22348(c), Speed Laws and others, commercial vehicles, as described in CA VC Section 22406, Other Speed Laws, must use the right-hand lane closest to the curb for driving and the second lane for overtaking.
These vehicles include:
“A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A school bus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.”
NOTE: “This does not apply to a driver who is preparing for a left or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on his or her intended route.”—CA VC 22348(c), Speed Laws.
The I-5 stretches across Fresno County and is a major throughway to California’s largest ports, Long Beach, Los Angeles, Oakland, and San Francisco.
Many commercial drivers use the freeway daily to get to and from those ports, including those coming from the East on I-80.
“Parts of this section of freeway (I-5) contain as many as 22 lanes, including auxiliary and carpool lanes. Even so, the interchange between I-5 and Interstate 405 can be very busy and congested during rush hour periods and on weekends.”—Interstate Guide published by AA Roads.
There are twenty-two lanes, but commercial drivers, those who move America’s freight and consumer goods, can only use two on each side of the divided highway?
The Far-Reaching Consequences of a Commercial Lane Violation Conviction
A guilty verdict or paid fine of around $238 is only the beginning for a commercial driver’s license (CDL) holder.
The CA DMV will assess 1.5 Negligent Operator Treatment System (NOTS) points and notify the DOT FMCSA.
The FMCSA will assess Compliance, Safety, and Accountability (CSA) severity points that could be doubled or tripled, depending on the last conviction.
That record of conviction will be placed in the driver’s Pre-employment Screening Program (PSP) record for three years and in the carrier’s Safety Measurement System (SMS) record for two years.
Any moving violation on a driver’s PSP will impact their ability to negotiate pay and benefits and could affect their ability to get a new job if terminated. All carriers are required to consider a recruit’s PSP during hiring.
Likewise, if the carrier’s SMS percentile, based on the driving record of all drivers using their DOT number, is 75 or above, they are subject to further roadside inspections and interventions, such as an inspection of their policies and procedures.
Contact Bigger & Harman for Help Resolving a Commercial Lane Violation in Fresno County, CA
If you receive a citation for a commercial lane violation, don’t risk the consequences to your driving career. Take advantage of Bigger & Harman’s free initial consultation by phone, email, or an in-office visit.
We can resolve your ticket in Fresno Courthouse without requiring your presence.
Call us at (661) 349-9300—Se habla Español 349-9755.
Otherwise, use our online contact form or email us at attorney@biggerharmanlaw.com.
References:
CA VC Sections 22348(c), Speed Laws & 22406, Other Speed Laws.
The DMV Portal CA Commercial Driver Handbook.