Drivers of commercial vehicles on California highways are subject to specific traffic laws, including those related to commercial lane violations.
Understanding how these laws work and knowing your legal rights are key to handling these violations effectively.
In this blog post, we’ll examine the relevant CA Vehicle Code (VC), common defenses, and how a skilled CA traffic ticket attorney can assist you in Roseville, CA.
Legal Defenses for Commercial Lane Violations
While the law regarding commercial lane violations appears straightforward, there are emergency situations where commercial vehicles may briefly need to enter the third lane.
For instance, on a three- or four-lane highway, a commercial driver who needs to make a left or U-turn must use the left lane to complete the maneuver.
Unexpected circumstances like road closures, construction, or accidents may also necessitate using the third lane.
Similarly, swerving to avoid an animal or a reckless driver cutting the driver off could force a commercial vehicle into that lane to prevent a crash.
An experienced traffic attorney will evaluate these details to build a solid defense on your behalf.
The CA Vehicle Code, Commercial Lane Violations, and Your CDL
CA VC Section 22348(c), which pertains to speed laws, prohibits trucks and buses from using lanes beyond the second lane on highways with four or more lanes in the same direction.
“A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb.”
This traffic law aims to promote traffic flow and safety by keeping slower-moving commercial vehicles out of faster lanes.
Drivers often refer to this violation as a "third lane violation." Commercial vehicles are restricted to the rightmost lane except when overtaking slower traffic, after which they must return to the right lane.
Violating this law can result in a moving violation, carrying a fine of around $238 and 1.5 DMV negligent operator treatment system (NOTS) points.
While the fine might not seem excessive, the repercussions outweigh the cost. Many trucking companies have strict no-tolerance policies for moving violations, which could lead to termination.
Furthermore, the DMV will notify the DOT FMCSA, leading to Compliance, Safety, and Accountability (CSA) severity points on your Pre-employment Screening Program (PSP) record and an increase in the carrier’s Safety Measurement System (SMS) percentile.
Every company hiring commercial drivers will check the PSP record for any issues. This negative report on the PSP can affect the driver’s ability to negotiate pay and benefits.
A CA Traffic Attorney Could Help Reduce the Violation
Dealing with a commercial lane violation can be overwhelming, especially with the potential harm it can cause to your driving record and career.
Hiring an experienced CA traffic attorney can greatly improve your chances of reducing moving violations, which are assessed NOTS points in CA and CSA severity points at the DOT FMCSA.
These attorneys are familiar with Roseville courts, judges, and local law enforcement, making them well-equipped to navigate the legal process in your favor.
Many traffic judges understand how critical it is to avoid moving violations for commercial drivers. As a result, they may agree to impose a larger fine without assigning points, minimizing the impact on your CDL and employment record.
“Bigger & Harmen APC are outstanding attorneys. I have a CDL license and received a minor traffic ticket in California and did not need any points on my license since I have a clean driving record. These attorneys got it dismissed. I highly recommend them and will use again if needed. Outstanding service. A big thank you.” — Jarrette S.
Download our e-book, Protecting Your Commercial Driver License.
Consult Bigger & Harman, Today About Commercial Lane Violations
If you have a commercial lane violation ticket pending in Roseville, CA Traffic Court, call the CA Traffic Defense Team of Bigger & Harman at (661) 349-9300 — Se habla Español 349-9755.
Email: attorney@biggerharmanlaw.com.
Use this convenient online contact form to schedule an appointment for a free, no-obligation consultation by phone, zoom, or email. We’re here for you!
References:
CA VC Section 22348(c), Speed Laws.
The DMV Portal CA Commercial Driver Handbook.