In California, an unsafe lane change in a CMV is determined by CA Vehicle Code (VC) Sections 22107 & 22108, Turning and Stopping and Turning Signals.
These sections prohibit the lane change of a vehicle from its straight course or by moving left or right unless that movement can be executed with reasonable safety, only after signaling other drivers of their intentions.
Commercial drivers on I-80 around Roseville in Placer County, CA, should be aware of the possible repercussions of a conviction for an unsafe lane change in a commercial motor vehicle (CMV).
Possible Fines & Penalties
Although an unsafe lane change in CA is considered a minor infraction and the fine is only about $238, the DMV will assess 1.5 Negligent Operator Treatment System (NOTS) points to your motor vehicle driving record (MVR) and notify the DOT FMCSA.
At the FMCSA and your employer, is where the real issues start.
The DOT FMCSA considers an unsafe lane change a “serious offense.”
Along with the CA NOTS points, the FMCSA will assess Compliance, Safety, and Accountability (CSA) severity points, which will be filed in your Pre-employment Screening Program (PSP), and a second conviction or paid fine will result in a minimum 60-day driver disqualification.
“The Pre-Employment Screening Program (PSP), managed by the FMCSA, provides motor carriers, industry service providers, and commercial drivers with access to a commercial driver's 5-year crash and 3-year inspection history for pre-employment screening purposes.”— The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
Despite the DMV notifying your employer through the Employer Pull Notice (EPN) Program in CA, you must notify your employer in writing of any moving violation conviction or paid fine in a CMV or private vehicle, regardless of severity or which state you were in when ticketed.
“The Employer Pull Notice (EPN) program enables commercial and government organizations to monitor the driving records of employees who drive for them.”—CA DMV.
Further, that lane change must be signaled to other drivers who may be affected by the change for at least 100 feet before the move.
“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 safety and then only after the giving of an appropriate signalin the manner provided in this chapter in the event any other vehicle may be affected by the movement.”—CA VC Section 22107.
“Any signal of intention to turn right or left shall be given continuously during the last 100 feettraveled by the vehicle before turning.”— CA VC Section 22108.
Therefore, if you are ticketed for an unsafe lane change in a CMV when no other vehicles are behind you, whether or not you signaled your intentions, you may have a legitimate argument for dismissal because no other vehicle was affected by your movement.
Although the judge in your situation might not always see it as such, it is very likely that a knowledgeable and experienced traffic attorney can get your case dismissed for an unsafe lane change in a CMV under these circumstances.
These instances are just a few possible reasons for dismissal. You should discuss your specific situation with a CA traffic attorney.
Download our e-book, Protecting Your Commercial Driver License.
Consult Bigger & Harman About an Unsafe Lanee Change in a CMV Ticket
If you were issued an unsafe lane change in a CMV ticket that you wish to dispute in Roseville Courthouse in Placer County, CA, call Bigger & Harman for an initial consultation at (661) 349-9300 or Se habla Español 349-9755.
Email: attorney@biggerharmanlaw.com.
Use our convenient online contact form to easily request a consultation.
References:
CA VC Sections 22107 & 22108, Turning and Stopping and Turning Signals.
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The CA DMV EPN Program.