Whenever you receive a citation for a commercial lane violation in your commercial motor vehicle (CMV), it is crucial to retain the services of a CA traffic attorney for resolution.
Your chances of success significantly increase when you consult an attorney right away. Commercial violations involve much more than just penalties. You risk losing your license and job if your driving record is tarnished.
The California Vehicle Code & Commercial Lane Violation
CA Vehicle Code (CVC) Section 22348 (c), Speed Laws, warns commercial drivers that:
“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.”
Of course, that section also allows CMVs to use the second lane for overtaking another vehicle, when “…on a divided highway having four or more clearly marked lanes for traffic in one direction,” but never allows for the use of the third or subsequent lane from the right, except to make a left turn or “...entering into or exiting from a highway.”
Section 21655 also provides that Caltrans or local authorities that authorize designated lanes for commercial vehicle use “…shall erect signs at reasonable intervals giving notice thereof.”
Consequences for Conviction of a Commercial Lane Violation
A commercial lane violation is a minor infraction in CA, with a fine of approximately $237. However, the DMV will assess 1.5 negligent operator treatment system (NOTS) after a paid fine. Because it was in a commercial vehicle, you are not eligible for traffic violator’s school attendance to keep the conviction confidential from your employer.
Likewise, commercial drivers must notify their employer within 30 days of any moving violation conviction, regardless of the state where they were ticketed.
What’s more, if you are a fleet driver, fleet managers do not like moving violations. A commercial lane violation will add Compliance, Safety, and Accountability (CSA) severity points to their Safety Measurement System (SMS) percentile.
These points on their DOT number also affect their fleet insurance premium, which can lead to higher premiums and FMCSA safety interventions. Many fleet managers will terminate drivers with two or more moving violations or even one “serious offense,” such as an unsafe lane change or following too close.
Consult a CA traffic attorney to possibly avoid a conviction for this moving violation with a no-point conviction or a dismissal.
Consult Bigger & Harman About a Commercial Lane Violation in Woodland, CA
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
The DMV Portal CA Commercial Driver Handbook.
CVC Section 22348 (c), Speed Laws.