Defective or Improperly Adjusted Service Brakes
A CVC 26453 citation means your vehicle service brakes were not functioning adequately. Service brakes are your primary braking system. California law requires them to be maintained in good working order. Having the brakes inspected, repaired, and certified resolves this violation.
Correction Window
The deadline is printed on your citation. Have brakes repaired and certified before that date.
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 the correction after the service brakes are 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 brake shop or mechanic for a full brake system inspection.
- 2
Have the mechanic repair or replace any defective brake components.
- 3
Test the brakes to confirm they function properly before seeking certification.
- 4
Have a law enforcement officer or a BAR-licensed safety inspection station sign the certificate of correction.
- 5
Submit the signed citation and $25 fee to the court before your deadline.
Questions
Frequently Asked Questions
- My brakes squeak but they seem to stop the car. Is that enough for a citation?
- Squeaking alone may not trigger a citation, but worn brake pads that reduce stopping power can. An officer may cite CVC 26453 if the vehicle exhibits signs of brake deficiency during the stop. A mechanic can assess whether the brakes meet the legal standard.
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.
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