CVC 21661Eligible for written declaration

Mountain Road Driving Violation

Failing, as the driver descending a grade, to yield to an ascending vehicle or back up when needed where the road is too narrow for both to pass.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $234DMV Points: 1🏫 Traffic school may be available

Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one violation point counted under Vehicle Code 12810(a) to (d), (f), (i)(1) or (j) in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

What is a Mountain Road Driving Violation ticket?

CVC 21661 says that whenever, upon any grade, the width of the roadway is insufficient to permit the passing of vehicles approaching from opposite directions at the point of meeting, the driver of the vehicle descending the grade shall yield the right-of-way to the vehicle ascending the grade and shall, if necessary, back the vehicle to a place in the highway where it is possible for the vehicles to pass.

Ask your insurer how a conviction affects your policy.

What the Law Says

Whenever upon any grade the width of the roadway is insufficient to permit the passing of vehicles approaching from opposite directions at the point of meeting, the driver of the vehicle descending the grade shall yield the right-of-way to the vehicle ascending the grade and shall, if necessary, back his vehicle to a place in the highway where it is possible for the vehicles to pass.

What the Officer Must Prove

1You were on a grade where the roadway was too narrow for vehicles approaching from opposite directions to pass at the point of meeting
2You were the driver of the vehicle descending the grade
3You did not yield the right-of-way to the vehicle ascending the grade, or did not back up when necessary to a place where the vehicles could pass

Arguments Commonly Raised for Mountain Road Driving Violation

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

You were going uphill

CVC 21661 puts the duty on the driver of the vehicle descending the grade. If you were ascending, describe your direction of travel.

The roadway was wide enough

The section applies when the width of the roadway is insufficient to permit the vehicles to pass at the point of meeting. Describe the road width and include photos.

⚠️ Common Mistakes

✗Not photographing the road where the vehicles met
✗Leaving out which vehicle was going uphill

What this code section covers (general information)

CVC 21661 — Mountain Road Driving Violation. Failing, as the driver descending a grade, to yield to an ascending vehicle or back up when needed where the road is too narrow for both to pass.

This is a fixed-rule section: it describes a specific act or limit. The question is whether the facts show that act: what happened, where, and how it was observed or measured.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 21661. It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.

Frequently Asked Questions About Mountain Road Driving Violation

Who has to yield on a narrow grade?▼

CVC 21661 says the driver of the vehicle descending the grade shall yield the right-of-way to the vehicle ascending the grade and shall, if necessary, back up to a place where the vehicles can pass.

🏫

Traffic School Option

A conviction adds 1 DMV point. The court may let you complete traffic school. If it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.

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