Commercial vehicle drivers navigating California's highways face unique traffic regulations, including commercial vehicle lane violations.
Understanding these violations and your legal rights is crucial to resolving them effectively. This blog post explores the CA Vehicle Code (VC) on lane restrictions, potential defenses, and how a skilled CA traffic ticket attorney can help in Riverside County.
The CA Vehicle Code and Commercial Vehicle Lane Violations
CA VC Section 22348(c), Speed Laws restricts trucks and buses from using lanes beyond the second lane on highways with four or more lanes in the same direction.
This aims to maintain traffic flow and safety by keeping slower-moving commercial vehicles out of faster lanes. Truckers often call this a "third lane violation." Commercial vehicles can only use the second lane for passing and must return to the rightmost lane after completing the overtaking maneuver.
Violating this law can result in a moving violation with a fine of around $238 and 1.5 DMV negligent operator treatment system (NOTS) points. While the fine itself might seem manageable, the consequences extend further.
Many fleet managers have zero-tolerance policies for moving violations, which could lead to termination. Additionally, the DMV notifies the DOT FMCSA, who will assign Compliance, Safety, and Accountability (CSA) severity points to the driver's Pre-employment Screening Program (PSP) record and the carrier’s Safety Measurement System (SMS) percentile.
All carriers who hire CDL drivers consult their PSP record.
Legal Defenses for Commercial Vehicle Lane Violations
While the law seems clear-cut, there are situations where commercial vehicles may have a legitimate reason to briefly use the third lane. For example, a commercial driver on a three or four-lane highway needing to make a left turn or U-turn must use the left lane.
Unforeseen circumstances like road closures, accidents, or construction zones might also necessitate temporary lane changes. An errant driver cutting them off or an animal in their lane could force them into the third lane to avoid a collision.
A knowledgeable traffic attorney can assess these situations and develop a strong legal defense tailored to the specific details.
A CA Traffic Ticket Attorney Could Help Secure a Reduced Non-Moving Violation
Facing a commercial vehicle lane violation alone can be daunting considering the potential impact on your driving record and career.
However, an experienced CA traffic ticket attorney significantly improves your chances of a favorable outcome. These professionals have in-depth knowledge of Riverside County courts, judges, and law enforcement, allowing them to navigate the legal system effectively.
Many traffic court judges understand the career-threatening nature of moving violations for commercial drivers. As a result, they may opt for a larger fine with no points, minimizing the impact on your employment and DOT record.
Contact Bigger & Harman Immediately After a Commercial Vehicle Lane Violation Charge
When you’re accused of a commercial vehicle lane violation in Riverside County, CA, contact Bigger & Harman.
Call us at (661) 349-9300. Se habla Español (661) 349-9755. Or utilize our handy online contact form or email us attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Section 22348(c), Speed Laws.