Thread: Which CVC section to cite?
03-28-2008, 06:16 AM #1
- Join Date
- May 2007
Which CVC section to cite?
On freeway on-ramps and off-ramps, there are solid white lines that become seperated white lines after a few hundred feet feet.
What section do I cite a driver that prematurely merges over the solid white line to an exit lane, or onto the freeway itself?
My guess is 22101(d).
Any Chippies on here?
03-28-2008, 07:01 AM #2
- Join Date
- Nov 2007
- So Cal
CVC 22107 maybe? Did the person merge in an unsafe way?
03-28-2008, 11:37 AM #3
- Join Date
- Sep 2007
I'm iffy on the 22107 unless the condition called for it. I'm leaning towards something in the 21460 area.
03-28-2008, 01:18 PM #4
- Join Date
- Mar 2000
- East Bay
Where there are markings more than two feet in width creating an painted median the violation would be 21651(a) CVC. If the line is a single white line then no violation two prematurely exit over a solid line absent any signs prohibiting the lane change. If the premature cross into the exit lane is done unsafely such as cutting off another vehicle or whipping over causing loss of traction then "21658(a) CVC - Unsafe lane change" would apply in my opinion. 22107 is a less precise violation. Typically when a more appropriate section is given you should use the section.
You can have a violation when an exiting vehicle crosses over the solid line later in the offramp after the broken line section. CalTrans places black and white regulatory signs next to exit lanes that read "RIGHT LANE MUST EXIT". Those signs are placed where the lane changes from broken to solid. Once a driver in the exit lane passes that sign they are obligated to exit. Moving out of the lane without exiting after passing the sign is a violation of 21461(a) CVC - Failure to obey sign.If you see me running try to keep up!
03-28-2008, 03:43 PM #5
21461(a) is a good catch-all.Government is not the solution to our problem; government is the problem. - Ronald Reagan
I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq
03-28-2008, 03:58 PM #6
The paintings and markings are established by Cal Trans and crossing a solid white line is discouraged, but not prohibited. Simply crossing the white line is not a violation in itself. You will need to be able articulate some type of unsafe movement or failure to signal (22107 and 22108), the space between the lines/markings is more than 24" or some type of posted sign/markings on the ground that prohibits the movement.
03-28-2008, 04:45 PM #7
- Join Date
- May 2007
You guys rock! Thanks.
03-28-2008, 10:59 PM #8
My traffic commisioner will accept 21461 for painted markings on the roadway. As far as he's concerned, the paint is a sign telling the drivers what to do. If drivers can cross the lines, then why paint them in the first place?
03-30-2008, 02:18 PM #9
Crossing or straddling a lane line is not a violation of the law unless the movement interfers with other traffic. If that is the case, then you may use 21658(a) VC - failure to drive within a single lane:
21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:
(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.
(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.
Amended Ch. 450, Stats. 1975. Effective January 1, 1976.
22107VC - unsafe lane change or turning movement:
Turning Movements and Required Signals
22107. 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 signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.
Amended Ch. 1996, Stats. 1959. Effective September 18, 1959
Even though the line may be solid it is for directory information and not a mandatory marking. However, if there are two sets of solid lines running in parallel and separated by twenty-four (24) inches or more, that is considered an ISLAND - or protected area and cannot be driven over, upon or across.
21651. (a) Whenever a highway has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway, it is unlawful to do either of the following:
(1) To drive any vehicle over, upon, or across the dividing section.
(2) To make any left, semicircular, or U-turn with the vehicle on the divided highway, except through an opening in the barrier designated and intended by public authorities for the use of vehicles or through a plainly marked opening in the dividing section.
(b) It is unlawful to drive any vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic. Except as otherwise provided in subdivision (c), a violation of this subdivision is a misdemeanor.
(c) Any willful violation of subdivision (b) which results in injury to, or death of, a person shall be punished by imprisonment in the state prison, or imprisonment in a county jail for a period of not more than six months.
Amended Ch. 765, Stats. 1988. Effective January 1, 1989.Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!
[George Washington (1732 - 1799)]