Although the unsafe lane change in a CMV or commercial motor vehicle has moderate consequences in California, the consequences at the FMCSA could threaten your driving career.
“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 safetyand then onlyafter 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.”—CA Vehicle Code (VC) Section 22107,Turning and Stopping and Turning Signals.
Further, CA VC Section 22108, Turning and Stopping and Turning Signals, warns drivers:
“Any signal of intention to turn right or left shall be given continuously during the last 100 feettraveled by the vehicle before turning.”
However, it should be noted that the traffic code states, “…in the event any other vehicle may be affected by the movement.” Therefore, if no other vehicles are in the area, the driver should not be ticketed for an unsafe lane change, and it might be easily dismissed in Victorville Traffic Court.
What’s more, the statement “…made with reasonable safety…” must be applied to the lane change. If you put your blink on and speed across three lanes on I-15 or I-40 to avoid missing an exit—that might not be considered reasonably safe.
However, only a traffic court judge can make the final call about your guilt unless you simply pay the fine.
Sure, it’s only a $238 fine, and you don’t want to miss a load of cargo to sit in court to dispute the ticket, that’s understandable. But there are also the 1.5 negligent operator treatment system (NOTS) points, which the DMV will assess after you pay the fine.
An Unsafe Lane Change Is a Serious Offense at the DOT FMCSA
The DMV will notify the DOT FMCSA, which considers an unsafe lane change in a CMV a “serious offense.”
According to DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers, “making improper or erratic traffic lane changes” are serious offenses that “require a minimum disqualification of 60 days.”
The record of conviction and the Compliance, Safety, & Accountability (CSA) severity points will remain on the driver’s Pre-employment Screening Program (PSP) record for three years, which could affect their ability to negotiate pay and benefits.
Further, a second conviction of a similar offense within three years of the first will result in a commercial driver disqualification for 60 days, a third, 120 days, and a fourth
Likewise, the CSA severity points and the Time-Weight Multiples will affect the carrier’s Safety Measurement System (SMS) percentile for two years, which could affect fleet insurance premiums.
Regardless of the manageable fine for an unsafe lane change, seasoned commercial drivers understand that consulting a traffic attorney about any moving violation makes sense, especially when the attorney offers a free, no-obligation initial consult.
Contact Bigger & Harman to Resolve an Unsafe Lane Change in a CMV Ticket
If you have been ticketed for an unsafe lane change in a CMV on I-15 or I-40 that requires resolution in Victorville Courthouse, call us at (661) 349-9300—Se habla Español 349-9755.
You can also use our handy online contact form or email us at 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 22107 & 22108, Turning and Stopping and Turning Signals.