If you are facing a commercial lane violation, consult a truck driver’s attorney to protect your CDL, your PSP, and your driving career.
We understand the daily grind of hauling freight through Santa Barbara County. Many drivers travel US 101 to reach the busy ports in Long Beach and Los Angeles. Law enforcement often watches this corridor closely for lane restriction violations.
Understanding the Dangers on US 101
Commercial vehicles identified in section 22406 must stay in the right two lanes on California multi-lane highways.
A commercial lane violation often occurs when a driver moves into restricted left lanes unless they are making a left turn or authorized U-turn.
US 101 through Santa Barbara has specific areas where these rules are strictly enforced. We see many citations issued near the steep grades and coastal curves on this route.
A conviction for this offense adds 1.5 DMV NOTS points to the motor vehicle record (MVR). These points are then reported to the FMCSA for the driver's federal record. This can lead to higher insurance premiums for their trucking fleet.
Serious Offenses and CVC Specifics
The specific code cited on the ticket changes the severity of the outcome. A correctly cited commercial lane violationfalls under CVC 22348(c), Speed Laws:
“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.”
Passing is authorized in the second lane, but most use of the third or further lanes is prohibited for commercial vehicles.
Tips for Correct Lane Usage to Avoid a Commercial Lane Violation
Following a few simple rules can help the driver stay out of traffic court:
- Use only the right-hand lane for travel and the second lane for passing.
- Watch for bridge signs that restrict trucks to the far-right lane.
- Never enter the third lane when three or more lanes are available.
- Always check for "trucks-only" lane designations on unfamiliar highways.
Although the fine for a commercial lane violation is only $238, any moving violation is assessed NOTS points, and the DMV notifies the DOT FMCSA.
Why Get a Truck Driver’s Attorney?
Don’t get led astray by an online App that promises a dismissal or your money back. You could be “painting yourself into a corner” by relying on automation for your CDL violations. Call a real lawyer with California and Federal law experience.
Quite simply, your commercial driver's license (CDL) is your livelihood. Consult with someone experienced and knowledgeable about CDL law to dispute your commercial lane violation ticket.
We’ve seen instances where the law enforcement officer wrote a trucker up for a violation of CA Vehicle Code (CVC) Section 22107, the VC for an unsafe lane change, which is an FMCSA “serious offense.”
Imagine if that commercial driver had paid the fine just to get it over with. The fine for both a commercial lane violation and an unsafe lane change is $238. The DMV will assess 1.5 NOTS points and notify the FMCSA.
However, the difference between a simple lane violation and a serious offense at the FMCSA is huge. A second conviction for a serious offense will lead to a 60-day driver’s disqualification.
A lawyer with CDL law experience will give you the best chance to avoid such an injustice.
Contact Bigger & Harman About a Commercial Lane Violation in Santa Barbara County
Bigger & Harman, the truck driver’s attorneys, regularly defend commercial driving clients in the Santa Barbara County Courthouse. Call for a free, no-obligation consultation about a commercial vehicle lane at (661) 349-9300—or marque 859-1177 para Español.
Use our handy online contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: How can a truck driver’s attorney help with a commercial lane violation?
A: We review the citation to see if the officer used the wrong CVC. Then, depending on the circumstances, we could request an immediate dismissal. Although every case is different, many of the same techniques are available. We can often identify inconsistencies in the ticketing officer’s statement and what they say in court. Inconsistent often lead to reasonable doubt.
Q: Is a commercial lane violation considered a serious offense?
A: No, it is not a serious offense. However, law enforcement officers are not always familiar with every section of the traffic code, so they might pick a favorite, even if it’s the wrong one for the situation. That’s why attorneys study law for years and participate in mandatory ongoing education programs.
Q: What happens if the driver pays the fine for a commercial lane violation?
A: Paying the fine is an admission of guilt and changes a commercial lane violation into a conviction for a moving violation. The DMV assesses NOTS points, and notifies the DOT FMCSA, which assesses CSA severity points to the driver’s PSP and the carrier’s SMS percentile.
References:
CVC Sections 22107, Turning and Stopping and Turning Signals & 22348(c), Speed Laws.