Commercial driver’s license (CDL) holders must contest the unsafe lane change ticket, primarily because it is a moving violation but also because, at the DOT FMCSA, it is a “serious offense.”
CFR 49, Part 383.51, Paragraph 6.2.5, Disqualification of Drivers, states that a commercial driver faces at least a 60-day driver disqualification after a second conviction of a serious offense within three years of the first.
The most common serious offenses include convictions for:
An erratic or unsafe lane change,
Speeding fifteen mph over the limit or safe driving speed or any speeding in construction areas,
Reckless driving,
Illegal mobile phone or device use while driving,
Following too close or tailgating,
And others.
Therefore, it is in the best interest of commercial drivers to avoid a first conviction.
What Is an Unsafe Lane Change?
According to CA Vehicle Code (VC) Section 21658, Driving on Right Side:
“Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:
A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.
Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.”
Further, CA VC Section 22107, Turning and Stopping and Turning Signals, warns drivers:
“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.”
Likewise, CA VC Section 22108, Turning and Stopping and Turning Signals, states:
“Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning.”
Therefore, when combined, these traffic laws require the driver to drive in one lane, between lines, and change lanes only after announcing their intention to turn for at least 100 feet, when their movement would affect other traffic.
When no other vehicle is behind them within 200 feet, not using a blinker is not a violation.
Due to the many technicalities involved in traffic law, a CDL holder should always consult a CA traffic attorney before deciding to dispute the unsafe lane change charge or pay the fine.
What Are the Penalties for an Unsafe Lane Change Conviction
Commercial drivers must remember that an unsafe lane change conviction is a moving violation that can negatively affect their driving career, pay, and benefits for up to three years.
In CA, the fine in most counties is around $238, and the DMV will assess 1.5 negligent operator treatment system (NOTS) points, which they will forward to the DOT FMCSA.
The FMCSA will assess the applicable Compliance, Safety, and Accountability (CSA) severity points, label the violation a “serious offense,” and file those in the driver’s Pre-employment Screening Program (PSP) record for three years and the carrier’s Safety Measurement System (SMS) file for two years.
That record and others are used to develop the trucking firm’s SMS percentile, which fleet insurance providers use as a “risk indicator” and will affect the fleet insurance premium for two years.
A Paid Fine Is a Conviction
Paying the fine for a traffic violation is the same as pleading guilty.
Appealing a traffic ticket conviction is possible, but the odds are severely against you because of the standard of proof. But if you just paid the fine without appearing in front of the judge, it is oftentimes possible to reopen the case within a reasonable time from the payment.
Therefore, once you decide to sit through the arraignment, waiting for your name to be called, plead not guilty, request a trial date, and return to dispute the unsafe lane change ticket, you could stumble or get stage fright and not effectively convey your message.
A wise commercial driver will consult a traffic attorney, learn possible strategies, and hire the attorney to avoid missing a load to attend court if the fee is reasonable because they have the knowledge and experience to negotiate a possible non-moving conviction with no points or get an outright dismissal.
Although there are no guarantees, there are many possibilities you should discuss with a traffic attorney.
Contact Bigger & Harman for Information Related to Unsafe Lane Changes in Truckee Traffic Court
If you are issued a citation for an unsafe lane change in Truckee Courthouse, use our free initial consultation to discuss your situation.
Call Bigger & Harman, APC, at (661) 349-9300 — Se habla Español (661) 349-9755.
Use our contact form to send a picture of your ticket/violation or email attorney@biggerharmanlaw.com.
Download the e-book Protecting Your Commercial Driver License for more information about disputing commercial violations.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Section 21658, Driving on Right Side, Section 22107 & 22108 Turning and Stopping and Turning Signals The DMV Portal CA Commercial Driver Handbook.