Across California's network of highways, commercial vehicle operators often find themselves navigating complex traffic laws. One common issue truckers and bus drivers face is the "Commercial Vehicle Lane Violation."
Commercial driver’s license (CDL) holders should always consult a CA traffic attorney before deciding to pay the fine or dispute the charge in Woodland Courthouse.
Understanding the nuances of these violations and knowing your legal rights can make all the difference in resolving such infractions.
In this blog post, we'll examine what the CA Vehicle Code (VC) says about these violations, explore potential legal defenses, and shed light on how a skilled CA traffic ticket attorney can possibly help lessen the consequences.
What the CA Vehicle Code Says About Commercial Vehicle Lane Violations
The CA VC Section 22348 (c), Speed Laws, prohibits trucks and buses from using any lane beyond the second lane on highways with four or more lanes in the same direction. This restriction aims to maintain traffic flow and safety by ensuring that slower-moving commercial vehicles do not impede traffic flow.
Violation of this provision is commonly referred to by truckers and bus drivers as a "third lane violation." Essentially, commercial vehicles are permitted to use the second lane for overtaking purposes only. Once they pass a vehicle, they must promptly return to the first lane. Failure to adhere to these rules can result in a traffic infraction that is a moving violation and carries a fine of around $238 and the DMV will assess 1.5 negligent operator treatment system (NOTS) points.
Although the fine is not unreasonable, many fleet managers have a zero-tolerance policy toward moving violations, which could lead to termination. Moreover, the DMV will notify the DOT FMCSA, and they will assess Compliance, Safety, and Accountability (CSA) severity points for the moving violation that will become part of the driver’s Pre-employment Screening Program (PSP) record.
All fleet managers and others who hire CDL holders must consult the drivers’ PSP before hiring them.
Are There Legal Defenses for Commercial Vehicle Lane Violations?
Although the traffic code regarding commercial lane usage may seem straightforward, there are circumstances where a commercial vehicle may have a legitimate reason to temporarily use the third lane.
For instance, when a commercial driver on a three or four-lane highway must make a left turn or U-turn, they must move to the left lane to do so.
Additionally, unforeseen circumstances such as road closures, accidents, or construction zones may necessitate temporary lane deviations by commercial drivers.
An errant driver might pull into their lane or an animal in their lane might force them to move into the third lane to avoid a collision.
In such cases, a knowledgeable and experienced traffic attorney can assess the circumstances and develop a robust legal defense tailored to the specific situation.
A CA Traffic Ticket Attorney Could Get a Reduced Non-Moving Violation
When you consider the potential impact on your driving record and livelihood, facing a commercial vehicle lane violation on your own can be daunting,
However, when you enlist the services of an experienced CA traffic ticket attorney, you significantly improve your odds of a favorable outcome. These legal professionals possess in-depth knowledge of courts, judges, and the Woodland area law enforcement officers, allowing them to navigate the legal system precisely.
Many traffic court judges understand that a moving violation can seriously impact a commercial driver's career. As a result, they may opt for a larger fine with no points, sparing the driver from adverse consequences with their fleet manager and the DOT FMCSA.
Consult Bigger & Harman, APC, About Your Commercial Vehicle Lane Violation in Woodland, CA
Don't let a commercial vehicle lane violation get you in hot water with your fleet manager and possibly damage your career—seek legal assistance to safeguard your rights and livelihood.
Contact Bigger & Harman, APC, for a free, no-obligation consultation about your commercial ticket in Woodland Courthouse in Yolo County, CA, at (661) 349-9300, use our user-friendly contact form, or email attorney@biggerharmanlaw.com.
Khaoe Smith wrote on Google Reviews, “Got my 3rd lane trucking violation reduced to no-point, non-moving violation with just a fine to pay. Very responsive and will keep you informed on your case. Thanks guys!!”
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
CA VC Section 22348 (c), Speed Laws.