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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default Failure to Use Designated Lane

    My question involves a traffic ticket from the state of: California.
    I was driving a van (non-commercial) with a trailer attached on the 2nd from left lane on a 5 lane highway. Officer informed me that trailers are prohibited from the 2 left lanes. Issued citation for "Failure of Vehicle Subject to VC22406 to use Designated Lane.

    There is signage all over CA highways of trailers having a lower speed limit and not allowed in far left lane, but I have not witnessed a single sign in the state informing travelers of the second from left lane.

    I have a NYS CDL so I'm informed on truck and trailer restrictions; it was my first time entering the state of California so relied on signs for local laws. Is there a statute that I can use to fight this that the state failed to inform me of their trailer restrictions? Any other advice to fight this? I will be using Trial by Declaration to fight this.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,807

    Default Re: Failure to Use Designated Lane

    If you read that statute, it is for violation of the 55 mph designation, not lane usage.
    Teach a man to fish, you feed an entire village. Give a man a fish, the village starts demanding free fish. Then they have three children who all start families and demand free fish as their right.

  3. #3
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,203

    Default Re: Failure to Use Designated Lane

    He would be correct. You are limited to the right two lanes when towing a trailer. You were likely cited with 21655(b), correct?

    Quote Quoting 21655. (a)
    Whenever the Department of Transportation or local
    authorities with respect to highways under their respective
    jurisdictions determines upon the basis of an engineering and traffic
    investigation that the designation of a specific lane or lanes for
    the travel of vehicles required to travel at reduced speeds would
    facilitate the safe and orderly movement of traffic, the department
    or local authority may designate a specific lane or lanes for the
    travel of vehicles which are subject to the provisions of Section
    22406 and shall erect signs at reasonable intervals giving notice
    thereof.
    (b) Any trailer bus, except as provided in Section 21655.5, and
    any vehicle subject to the provisions of Section 22406 shall be
    driven in the lane or lanes designated pursuant to subdivision (a)
    whenever signs have been erected giving notice of that designation.
    Except as otherwise provided in this subdivision, when a specific
    lane or lanes have not been so designated, any of those vehicles
    shall be driven in the right-hand lane for traffic or as close as
    practicable to the right edge or curb. If, however, a specific lane
    or lanes have not been designated on a divided highway having four or
    more clearly marked lanes for traffic in one direction, any of those
    vehicles may also be driven in the lane to the immediate left of
    that right-hand lane, unless otherwise prohibited under this code.
    When overtaking and passing another vehicle proceeding in the same
    direction, the driver shall use either the designated lane, the lane
    to the immediate left of the right-hand lane, or the right-hand lane
    for traffic as permitted under this code.

    This subdivision does not apply to a driver who is preparing for a
    left- or right-hand turn or who is entering into or exiting from a
    highway or to a driver who must necessarily drive in a lane other
    than the right-hand lane to continue on his or her intended route.

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