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undefinedUnderstanding Non-Emergency Stops on the Highway or Freeway

Many novice commercial drivers are unaware that it is illegal to make a non-emergency stop on the highway in their commercial motor vehicle (CMV). These unwarranted stops can lead to an unexpected fine and a frustrating experience.

No, running out of hours of service (HOS) driving time is not an emergency. We could see how a commercial driver might think that, but poor planning does not constitute an emergency. 

Yes, most commercial drivers know there are limited commercial vehicle parking along I-5 and SR-99 in CA, which makes planning more difficult, but drivers must look down the road to avoid these situations. 

This article explores the legalities of stopping on the freeway and how to fight traffic citations. Regardless of the situation and your presumed guilt or innocence, commercial driver’s license (CDL) holders must consult with a CA traffic attorney before they pay a fine or consider disputing a traffic ticket without legal representation. 

Another unauthorized parking spot that is extremely dangerous, even in emergencies, is the “Runaway Truck Ramp.” Every effort should be made to keep even disabled vehicles away from the entrance to these ramps. A judge will have no mercy on you for parking there.  

The Dangers of Non-Emergency Stops on the Highway

Freeways are designed for continuous traffic flow. Stopping for non-emergencies creates an obstruction, posing a safety hazard for yourself and other drivers.  California takes a very strict approach to enforcing this law, even in some situations where most drivers would not think the parking space was unsafe.

Even in an emergency, a driver must put out warning triangles, flags, or flares, depending on the situation and visibility to warn other drivers. 

California Vehicle Code Regarding Freeway Stops 

CA Vehicle Code (VC) Section 21718, Additional Driving Rules prohibits stopping, parking, or leaving a vehicle on a freeway except in emergencies.

Emergencies can include:

  • Medical emergencies involving the driver, passengers, or others nearby.
  • Vehicle malfunctions that pose a safety risk if you continue driving.
  • Following instructions from authorized personnel like law enforcement or road crews.
  • Witnessing an accident and needing to report it to the police.
  • Rendering aid in a dangerous situation.

The interpretation of “emergency” can be subjective. This can be helpful when contesting a citation in court, particularly if you were unaware of the law.

Fighting a Non-Emergency Stop Ticket

If you believe your stop was justified or the officer made a mistake, consider contesting the ticket. 

Here's what you can do:

  • Consult a traffic attorney: An attorney can analyze your situation and advise you on the best course of action.
  • Review the circumstances: Gather any evidence supporting your reason for stopping.
  • Present your case in court: Be prepared to explain your actions and argue why the stop wasn't avoidable. It’s best to have a traffic attorney handle this so that you can keep driving and avoid a situation where you might incriminate yourself in court.

The Cost of Non-Emergency Stops

Paying the fine for a non-emergency stop ticket might seem like the easiest solution. However, the financial impact can be more significant:

  • Fines: Depending on the county, the fine with assessments and surcharges can range from $230 to $240.
  • Negligent Operator Points: A conviction will lead to the DMV assessing negligent operator treatment system (NOTS) points for a moving violation, even though you were not moving.

“A conviction of a violation of this section is a conviction involving the safe operation of a motor vehicle upon the highway.”— CA VC 21718, Additional Driving Rules Subparagraph (b) and CA Penal Code Section 830.1.  

Knowing the law and your rights can help you avoid unnecessary fines and penalties. If you receive a non-emergency stop ticket, consider consulting a traffic attorney to explore your options for contesting it.    

Consult with Bigger & Harman About Non-Emergency Stops on the Highway 

Choose Bigger & Harman, APC, when facing non-emergency stops on the highway charges in Woodland Courthouse in Yolo County, that could possibly blemish your clean Pre-employment Screening Program (PSP) record. 

Download our e-book, Protecting Your Commercial Driver License.

Contact us at (661) 349-9300 or use our user-friendly contact form or email attorney@biggerharmanlaw.com. We’re here for you. 

Se habla Español (661) 349-9755.

References:

The DMV Portal CA Commercial Driver Handbook.

CA VC 21718, Additional Driving Rules Subparagraph (b) and CA Penal Code Section 830.1.  

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