Vehicle Code § 22107 CVC – Unsafe Lane Changes – California Law

Vehicle Code § 22107 CVC is the California vehicle code that prohibits unsafe lane changes. Under this section, drivers can only change lanes when doing so is safe and only after signaling.

The language of the code section reads as follows:

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.

There are five important points to know about this section:

1. A driver that violates Vehicle Code 22107 commits an infraction and must pay a fine of $238.00 plus court costs.
2. A motorist who does not signal also receives one point on his DMV driving record. A driver risks getting a negligent operator license suspension if he receives 4 points in 12 months, 6 points in 24 months or 8 points in 36 months.
3. Drivers can challenge a ticket by raising a legal defense. It’s best, though, for drivers to consult with an attorney before doing so.
4. Motorists cannot ignore traffic tickets. This results in violating a new law, failure to appear, under California Vehicle Code 40508. This violation may be charged as a misdemeanor.

Our California car accident attorneys will highlight the following in this article:

• 1. What is California law as to unsafe lane changes?
• 2. What are the consequences of a 22107 CVC violation?
• 3. Is it possible to fight the ticket?
• 4. Can I do traffic school?
• 5. What if I don’t show up to court?
  • 5.1. Violation of Vehicle Code 40508 VC
  • 5.2. Penalties for violating VC 40508
• 6. How does this section affect a personal injury lawsuit?
• 7. Related traffic laws
  • 7.1. Signaling before turning or changing lanes – Vehicle Code 22108
  • 7.2. Sudden stopping without signaling – Vehicle Code 22109
  • 7.3. Proper hand signals required – Vehicle Code 22111

1. What is California law as to unsafe lane changes?

California Vehicle Code 22107 CVC applies to two situations. These are when drivers either:

1. Change lanes; or,
2. Steer their vehicle right or left from center.¹

The code states that motorists can only perform these acts when:

• It is reasonably safe to do so; and,
• They give appropriate signal.²

The determination as to when it is reasonably safe to change lanes, or steer right or left, is based upon all the facts of a given case.

Appropriate signals include a turn signal or a signal by hand.³

2. What are the consequences of a 22107 CVC violation?

A driver receives two penalties for violating Vehicle Code 22107. These are:

1. A fine of $238.00; and,
2. One point assessed on his DMV driving record.⁴

Please note that points are not a good thing because they ultimately get reported to a driver’s insurance carrier. The result is that the driver’s rates increase for several years.

Further, a driver risks getting a negligent operator license suspension if he receives 4 points in 12 months, 6 points in 24 months or 8 points in 36 months. A California DMV hearing though is required before a suspension can take place.

3. Is it possible to fight the ticket?

A driver that receives a ticket for an unsafe lane change can raise a legal defense to show that he was innocent. If this is done, though, it’s best for the driver to contact an attorney for help.

There are two common defenses. These are:

1. A turn was in fact safe under the circumstances.
2. An emergency required the driver to change lanes unsafely.

4. Can I do traffic school?

Drivers that violate this section do not have to go to traffic school. But, they can volunteer to do so.

If a driver goes to traffic school, he must still pay the fine for his ticket.⁵ However, the driver generally does not receive any points on his DMV driving record.⁶

5. What if I don’t show up to court?

Drivers cannot ignore a ticket for violating CVC 22107. Two things result if this happens. These are:

1. The driver violates California Vehicle Code 40508 VC, for the failure to appear in court on a traffic citation; and,
2. The driver receives penalties for violating VC 40508.

5.1. Violation of Vehicle Code 40508

If a driver gets a ticket in California, he must sign a written promise to appear in court.

If the driver willfully fails to appear, he violates Vehicle Code 40508 VC.⁷ The driver willfully fails to appear when he is willingly a no-show. It’s not even a defense if the driver did not intend to break the law.⁸

It also does not matter whether the offending driver is guilty or innocent of the underlying traffic ticket.⁹ He violates Vehicle Code 40508 just by breaking a promise to:

• Appear in court,
• Appear to pay bail,
• Pay bail in installments,
• Pay a fine within the time authorized, or
• Comply with any condition of the court.¹⁰

5.2. Penalties for violating VC 40508

A violation of Vehicle Code 40508 VC is a misdemeanor. The penalties include:

• Up to six months in county jail, and/or
• A fine of up to $1,000.¹¹

6. How does this section affect a personal injury lawsuit?

A driver that violates Vehicle Code 22107 may cause an accident with another motorist, often a side swipe accident. If the motorist is injured and later files a personal injury lawsuit against the driver, the driver may be found “negligent.”

California law defines “negligence” as the failure to use reasonable care to prevent harm to oneself or to others. When it comes to auto accidents, negligent drivers are considered at fault for the accident and they may have to pay for any damages caused.

Proving negligence in a personal injury case can sometimes be difficult. But, in California, a driver is considered “negligent per se” if he violates a statute.

Negligence “per se” is a type of legal theory. It presumes a driver is negligent if he violates a statute or ordinance

This means a driver would be negligent per se for an unsafe lane change because that act is in violation of the code.

7. Related traffic laws

There are several laws related to VC 22107. These include:

1. Signaling before turning or changing lanes – Vehicle Code 22108;
2. Sudden stopping without signaling – Vehicle Code 22109; and,
3. Proper hand signals required – Vehicle Code 22111.

7.1. Signaling before turning or changing lanes – Vehicle Code 22108

California Vehicle Code 22108 requires all drivers to signal 100 feet before turning or changing lanes.¹²

Drivers that violate this code section will receive:

1. A fine of $238; and,
2. One point assessed to their DMV driving record.

7.2. Sudden stopping without signaling – Vehicle Code 22109

California Vehicle Code 22109 CVC states that no person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal.¹³

Under this section, a driver is required to give a signal via his hand, his arm, a signal lamp, or a mechanical device.¹⁴

A driver that violates VC 22109 will receive:

1. A fine of $238.00 and,
2. One point assessed to his DMV driving record.

7.3. Proper hand signals required – Vehicle Code 22111

A driver is not limited to his vehicle’s turn signal to warn drivers of his actions. Drivers can use hand signals to indicate when they are:

• Turning left
• Turning right
• Stopping or suddenly decreasing their speed

If, however, a driver chooses to use a hand signal, the signal must be given according to the rules within Vehicle Code 22111.

A driver that does not signal in compliance with VC 22111 receives two penalties. These include:

1. A fine of $238.00
2. One point assessed to his DMV driving record.

Law in other states:

For similar cases in Colorado, please visit our page on Unsafe lane changes (CRS 42-4-1007). For similar cases in Nevada, please visit our page on Failure to Signal Tickets in Nevada.

Legal References: