A commercial vehicle lane violation occurs when a commercial driver uses an unauthorized lane.
Under California Vehicle Code (VC) Section 22348(c), commercial vehicles, as designated in CA VC Section 22406Speed Laws, must stay in the right lane next to the curb or second lane when passing.
On freeways with three or more lanes, they cannot use the third lane or beyond.
The Consequences of a Commercial Lane Violation Conviction in CA
In Fresno County, if a commercial driver violates this rule, they face a $238 fine.
More concerning, the DMV will assess 1.5 negligent operator treatment system (NOTS) points. This can lead to a notification to the DOT Federal Motor Carrier Safety Administration (FMCSA).
At first glance, this does not seem like much of an impact, but when you consider the long-term consequences, you will be shocked.
Long-Term Consequences & the Impact on a Commercial Driver’s Career
Receiving a commercial vehicle lane violation isn’t just about the fine—it’s a moving violation.
In Fresno County, the DMV’s NOTS points and the notification of the DOT FMCSA trigger an assessment of Compliance, Safety, and Accountability (CSA) severity points.
These points remain on the driver’s Pre-employment Screening Program (PSP) record for three years. Carriers’ insurance providers consider these points maintained by the Safety Measurement System (SMS) in the carrier’s DataQs for two years and use the percentile to calculate risk and determine their premium.
Plus, a percentile of 75 or above will lead to more serious interventions by the FMCSA for the carrier, such as in-house policy and procedure inspections and roadside inspections for every vehicle using the carrier’s DOT number.
Therefore, a fleet manager might terminate a driver with moving violations to lower their SMS percentile. However, the commercial driver will have difficulty finding another driving position due to the FMCSA requirement that the carrier consider the CDL holder’s PSP before hiring.
A clean driving record is critical when negotiating pay-per-mile and benefits. Any marks on your PSP record could limit your opportunities.
Why You Need a CA Traffic Attorney to Assist in Resolving a Commercial Lane Violation
A commercial driver in Fresno County can’t easily take time off to dispute a ticket in court.
That’s where Bigger & Harman can assist. We know how to handle commercial vehicle lane violation cases, so you don’t have to risk turning down a load or missing work.
Let us protect your record, your career, and your livelihood.
Call for a Free, No-Obligation Consult About a Commercial Vehicle Lane Violation
If you have a commercial vehicle lane violation that needs to be resolved in Fresno Courthouse, contact Bigger & Harman at (661) 349-9300—Se habla Español 349-9755.
Use our handy online contact form or email 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 Sections 22348 (c) & 22406 Speed Laws.