The DOT FMCSA designates an improper or erratic lane change as a “serious offense.” A second conviction within three years of the first will lead to a driver disqualification.
“Serious offenses require a minimum disqualification of 60 days and include the following: Speeding excessively (15 mph or more over the speed limit). Driving recklessly. Making improper or erratic traffic lane changes. Following the vehicle ahead too closely.
The disqualification period of a driver is determined by the offense and the driver’s record of prior convictions.” — 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
This blog post will examine the improper or erratic lane change traffic violation in a commercial motor vehicle (CMV), the consequences of a conviction in CA, the subsequent action at the DOT FMCSA, and how to prevent or dispute the violation.
An Improper or Erratic Lane Change in California
The CA Vehicle Code (CVC) Section 22107, Turning and Stopping and Turning Signals, prescribes the actions a driver must take before moving from one lane to another:
“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.”
CVC Section 22108, also Turning and Stopping and Turning Signals, mandates:
“Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning.”
When a law enforcement officer (LEO) sees a charter bus or truck make a left or right without signaling their intention, they might consider this an improper or erratic lane change. They will likely pull the vehicle over and issue a traffic ticket for an unsafe lane change under CVC 22107.
Because commercial drivers are prohibited from using traffic violator school to mask a moving violation, charter bus and truck drivers (in many cases Lyft or Uber drivers also) must dispute traffic tickets for moving violations in court.
A paid fine or conviction of an improper or erratic lane change will result in a $237 fine.
What’s more, the one negligent operator treatment system (NOTS) point assessment by the DMV for regular drivers is 1.5 NOTS points for commercial drivers. That’s 50% more for the same violation.
NOTS is a method for the DMV to track, monitor, warn, and suspend drivers who have too many traffic violations or accidents., and the NOTS point accumulation to trigger a suspension and probation under the NOT system is four points in twelve months, six within 24 months, and eight points within any three year period.
Many commercial drivers use a traffic ticket defense attorney to continue driving and making a living while the lawyer represents them in court to resolve their ticket. Those who don’t could be putting their driving career in jeopardy if they pay the fine or self-represent.
Always consult a CA traffic attorney before deciding to dispute the ticket or pay the fine. There are many technicalities that could lead to a reduced, no-point conviction or an outright dismissal.
An Improper or Erratic Lane Change at the DOT FMCSA
As stated above, the DOT FMCSA considers an improper or erratic lane change conviction or paid fine a serious offense.
When you pay the fine without simultaneously asking for a trial in writing, you are pleading guilty. The CA DMV will assess the 1.5 NOTS points to your motor vehicle driving record (MVR) and notify the DOT FMCSA of that conviction.
The FMCSA will assess Compliance, Safety, and Accountability (CSA) severity points, which will be filed in the commercial drivers' Pre-employment Screening Program (PSP) record for three years.
Since it is a serious offense, a second conviction within three years will trigger a driver disqualification of 60 days, a third within those three years is 120 days, and a fourth will result in a one-year CMV driving ban.
“If an employer knows, or reasonably should know, that a driver is disqualified, it must not allow the disqualified driver to operate a CMV.” — The DOT FMCSA 49 CFR 383.37.
Get a Free, No-Obligation Initial Consult from Bigger & Harman About an Improper or Erratic Lane Change
When you have been cited with an unsafe lane change, contact Bigger & Harman for a free, no-obligation initial consultation at (661) 349-9300 or email attorney@biggerharmanlaw.com.
In most cases, commercial drivers must hire a traffic attorney to represent them in court to resolve their ticket. Most do not have the time to sit in court while others are getting their paying cargo, or it could cost more to give up those loads than to hire an attorney.
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.
(CVC) Section 22107 & 22108, Turning and Stopping and Turning Signals.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DOT FMCSA CFR Part 383.31, Notification of Convictions for Driver Violations.
The DOT FMCSA Factsheet, What is CSA—and how does it affect me?