Inoperable or Insufficient Parking Brake
A CVC 26451 citation means your parking brake was not functioning adequately during the stop. California law requires a parking brake that can hold the vehicle on any grade it is driven on. Having the parking brake repaired and certified resolves this violation.
Correction Window
The deadline is printed on your citation.
Fee After Correction
These steps apply when your ticket was issued as correctable. An officer does not issue it that way if there is evidence of fraud or persistent neglect, the violation presents an immediate safety hazard, or you cannot promptly correct it (Vehicle Code 40610(b)). When the court accepts your proof of correction, the court clerk collects a $25 fee for each corrected violation (Vehicle Code 40611). There is no fee if the agency that cited you handles the correction and nothing is sent to the court (Vehicle Code 40611(c)). Without proof of correction, you may owe the full fine. Check your notice or ask your court for the amount.
Who Can Certify
A police department, the CHP, a sheriff, a marshal or another agency that enforces the Vehicle Code can certify this correction after the parking brake is repaired. A vehicle safety systems inspection station licensed by the Bureau of Automotive Repair (BAR) can also sign it off. BAR says you do not need a full vehicle safety systems inspection to clear a brake or light fix-it ticket.
The court must dismiss a corrected violation when you deliver proof of correction on or before the date on your ticket (Vehicle Code 40522). After that date it may not accept the correction, and you may owe the full fine. If you fail to appear without good cause, the court may add a civil assessment of up to $100 after mailing you a warning notice (Penal Code 1214.1). Willfully failing to appear, or willfully failing to deliver proof of correction, is a misdemeanor (Vehicle Code 40508 and 40616). If you need more time, ask the court before the date passes.
Step by Step
How to Correct This Violation
- 1
Take your vehicle to a licensed mechanic or brake shop for a parking brake inspection and repair.
- 2
Have the mechanic repair or adjust the parking brake to function properly.
- 3
Obtain a repair receipt documenting the work performed.
- 4
Have a law enforcement officer or a BAR-licensed safety inspection station sign the certificate of correction on your citation.
- 5
Submit the signed citation and $25 fee to the court before your deadline.
Questions
Frequently Asked Questions
- My parking brake just feels loose. Is that a violation?
- How it feels is not the test. Vehicle Code 26451(a) requires the parking brake to hold the vehicle stationary on any grade it is driven on, under all loading, on a surface free of snow, ice or loose material, and to be able to lock the braked wheels to the limit of traction. A licensed mechanic can adjust the cable tension or replace worn components.
- Can any mechanic do this repair, or does it need to be a specific type of shop?
- Any licensed auto repair shop can perform parking brake repairs. The certification after repair can be done by a police department, the CHP, a sheriff or marshal, or a BAR-licensed station.
This guide covers passenger vehicles. Some rules differ for commercial vehicles and truck tractors (for example, where registration tabs go under Vehicle Code 5204(a)). If you were driving one, check with your employer or a licensed attorney.
This guide provides general procedural information only. It is not legal advice. For questions specific to your citation, contact the court listed on your ticket.
Also have a moving violation on your ticket?
Speeding and moving violations follow a different process. TicketClear prepares your written declaration.
See how TicketClear worksYour ticket has a deadline. Tell your side today.
Most California citations have a 60-day deadline. Write what happened in your own words, then review, edit and sign your declaration.
Start my declarationFree to start · $49.99 when you're ready to download