Bigger & Harman, APC - April 2019

LIFE IN THE SLOW LANE AN ODE TO THIRD LANE VIOLATIONS

HAVE A LAUGH

It’s a California Vehicle Code almost every trucker in the state is familiar with: CVC 22348 (c), commonly called “failure to use designated lanes.” This is the traffic law that keeps big rigs, buses, tow trucks, and just about every other vehicle with more than two axles trapped in the right lane, regardless of what the driver deems to be safe. This vehicle code is the source of a lot of stress among CDL holders for a number of reasons.

MERGING TRAFFIC

It’s a common enough situation. You’re staying in your designated lane at the state-mandated limit of 55 and you near a merge. Then, for some reason, a Subaru with a family of five decides to hang out to your immediate left. Does the other driver not know the speed limit for class C drivers is 65? Are they trying to spite you? Do they not see the upcoming freeway entrance with the line of cars trying to merge into your lane? It’s high stress situations like these that can lead to third lane violations or speeding tickets. Now, you’d be right to point out that the Subaru is in the wrong here; it’s illegal to move slower than normal traffic in the left lane precisely because of situations like this. But you’d be hard pressed to find a law enforcement officer who would pull over a sluggish class C driver rather than a speeding truck. You see this all the time in downhill stretches in places near Truckee or the Grapevine. Truck after truck will get pulled over for daring to touch 62 while cars fly on by at 80–90 mph in the left lane. Limiting the lanes and speeds truck drivers have available to them makes the roads less safe. As a Wisconsin University study showed, driving the speed limit or slower in a passing lane proved to be more dangerous on average than speeding. By taking away a trucker’s ability to switch lanes and/or speed up, they are far less likely to be able to respond to dangerous situations. Unfortunately, legislatures and law enforcement remain fixated on speed control as the be-all and end-all of traffic safety. If you or a friend in the industry have been ticketed for defying the slow lane, consult a CDL traffic lawyer. Our team specializes in representing professional drivers and excels at resolving speeding tickets and designated lane violations. UNEQUAL ENFORCEMENT SAFETY

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