CVC 26450Eligible for written declarationCorrectable

Brake Systems Required

A motor vehicle without a service brake system or, other than a motorcycle, without a parking brake system, each applied separately as the section requires.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $193, or $25 if correctedDMV Points: 1✓ Correctable🏫 Traffic school may be available

1 DMV point on a conviction. If your citation is marked correctable and you file proof of correction, the court clerk collects a $25 fee (Vehicle Code 40611), and a violation dismissed on proof of correction adds no point.

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 Brake Systems Required ticket?

CVC 26450 says every motor vehicle shall be equipped with a service brake system, and every motor vehicle other than a motorcycle shall be equipped with a parking brake system. Both shall be separately applied. If the two systems are connected in any way, they shall be constructed so that failure of any one part, except failure in the drums, brakeshoes, or other mechanical parts of the wheel brake assemblies, shall not leave the motor vehicle without operative brakes.

Ask your insurer how a conviction affects your policy.

What the Law Says

Every motor vehicle shall be equipped with a service brake system and every motor vehicle, other than a motorcycle, shall be equipped with a parking brake system. Both the service brake and parking brake shall be separately applied. If the two systems are connected in any way, they shall be so constructed that failure of any one part, except failure in the drums, brakeshoes, or other mechanical parts of the wheel brake assemblies, shall not leave the motor vehicle without operative brakes.

What the Officer Must Prove

1Your vehicle was not equipped with a service brake system, or (other than a motorcycle) a parking brake system, that could be separately applied as CVC 26450 requires, or the two systems were connected so that failure of one part (other than the drums, brakeshoes, or other mechanical parts of the wheel brake assemblies) would leave the vehicle without operative brakes

Arguments Commonly Raised for Brake Systems Required

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

Brakes met the section

If your vehicle had a service brake system and a parking brake system that were separately applied, describe them and keep any inspection or repair record.

Correction

If your notice is marked correctable and you present proof of correction, certified as Vehicle Code 40616 describes, by mail or in person on or before the date on your notice, the court shall dismiss the charge (Vehicle Code 40522). The clerk collects a $25 transaction fee unless the notice is processed only by the agency that issued it (Vehicle Code 40611).

⚠️ Common Mistakes

✗Not keeping inspection or repair records
✗Not getting the correction certified and presented to the court by the date on your notice

What this code section covers (general information)

CVC 26450 — Brake Systems Required. A motor vehicle without a service brake system or, other than a motorcycle, without a parking brake system, each applied separately as the section requires.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 26450. 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

If you are convicted instead of correcting the violation, it carries 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.