Skip to main content
CVC 22451(a)Eligible for written declaration

Failure to Stop When Train Approaching

Not stopping at least 15 feet from the nearest rail at a railroad or rail transit crossing, and waiting until it is safe, when a signal device or flagman warns of a train or an approaching train is plainly visible or sounding and is an immediate hazard.

Reviewed by the TicketClear teamLast reviewed

Fine: $486DMV 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 Failure to Stop When Train Approaching ticket?

CVC 22451(a) says the driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever (1) a clearly visible electric or mechanical signal device or a flagman gives warning of the approach or passage of a train, car, or on-track equipment, or (2) an approaching train, car, or on-track equipment is plainly visible or is emitting an audible signal and, by reason of its speed or nearness, is an immediate hazard.

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever the following conditions exist: (1) A clearly visible electric or mechanical signal device or a flagman gives warning of the approach or passage of a train, car, or on-track equipment. (2) An approaching train, car, or on-track equipment is plainly visible or is emitting an audible signal and, by reason of its speed or nearness, is an immediate hazard.

What the Officer Must Prove

  1. 1You were approaching a railroad or rail transit grade crossing
  2. 2A clearly visible signal device or a flagman was giving warning, or an approaching train, car, or on-track equipment was plainly visible or emitting an audible signal and was an immediate hazard
  3. 3You did not stop at least 15 feet from the nearest rail, or proceeded before you could do so safely

Arguments Commonly Raised for Failure to Stop When Train Approaching

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

No warning or immediate hazard

CVC 22451(a) applies when a clearly visible signal device or a flagman gives warning, or when an approaching train, car, or on-track equipment is plainly visible or audible and is an immediate hazard by reason of its speed or nearness. Describe what you saw and heard.

Where you stopped

The section requires stopping not less than 15 feet from the nearest rail. Describe where you stopped.

⚠️ Common Mistakes

  • ✗Not photographing the crossing and its signals
  • ✗Leaving out what the signals showed and when

What this code section covers (general information)

CVC 22451(a) — Failure to Stop When Train Approaching. Not stopping at least 15 feet from the nearest rail at a railroad or rail transit crossing, and waiting until it is safe, when a signal device or flagman warns of a train or an approaching train is plainly visible or sounding and is an immediate hazard.

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 22451(a). 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.

🏫

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.

Ready to prepare your documents?

Upload your citation and TicketClear prepares your Trial by Written Declaration documents from the details you provide. Just $49.99 for any eligible California ticket.

Check if my ticket qualifies

Takes 2 minutes. No payment required to check.

Related Violations

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.

Your 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 declaration

Free to start · $49.99 when you're ready to download