Failing to stay to the right or yield to an ascending vehicle when driving on a mountain road where two vehicles cannot safely pass.
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.
This violation occurs when you fail to follow California's special rules for driving on mountain roads or narrow highways. On steep, narrow mountain roads, the driver going downhill must yield to uphill traffic and may need to back up to allow passing when there isn't enough room for both vehicles.
This ticket costs between $238 and $350 and adds 1 point to your DMV record. That point stays on your record for 3 years and can increase your insurance rates by 15-25%, potentially costing hundreds of dollars annually.
One point on your record typically raises insurance premiums by 15-25% for three years. For many drivers, this means $300-$600 in additional insurance costs over time, on top of the ticket fine.
Driver heading downhill on a narrow mountain road refused to back up when meeting an uphill vehicle at a point too narrow for both to pass.
Ticket issued because downhill traffic must yield and back up if necessary to let uphill traffic pass.
Two vehicles met on a mountain curve and the downhill driver honked and tried to force through instead of yielding to the uphill vehicle.
Citation issued for failing to yield right-of-way on a mountain road as required by law.
Driver on a mountain highway pulled into a turnout to allow an uphill vehicle to pass safely.
No violation — driver properly followed mountain driving rules by yielding appropriately.
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
You were the uphill vehicle — had right of way
CVC 21661 requires the downhill vehicle on a mountain road to yield to the uphill vehicle. If you were traveling uphill, you had the right of way. Challenge whether the direction of travel was correctly identified.
⚠️ What NOT to Do
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Uphill drivers have less vehicle control when stopping or backing on steep grades, and restarting on a hill is more difficult. The law assigns yielding duty to downhill drivers because they have better control and visibility when reversing.
The law applies when the roadway is too narrow for two vehicles to pass. There's no specific width measurement — it's based on whether both vehicles can safely proceed without one yielding.
In situations where backing is dangerous for both parties, drivers should exercise reasonable judgment. However, the law still places primary responsibility on the downhill driver to find a solution.
CVC 21661 applies to any road upon a grade outside of business or residential districts where the roadway is too narrow for passing. It's not limited to officially designated mountain highways.
Traffic School Option
Most drivers eligible for traffic school can mask this point from their record by completing an approved course, preventing insurance increases. Check your eligibility based on recent traffic school attendance.
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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.
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