CVC 26451(a)Eligible for written declarationCorrectable · Fix under CVC 40522

Parking Brake Requirements

Operating a vehicle without a parking brake capable of holding the vehicle stationary on any grade on which it is operated.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $193DMV Points: 1✓ Correctable🏫 Traffic School Eligible

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 point 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 Parking Brake Requirements ticket?

CVC 26451(a) says the parking brake shall be adequate to hold the vehicle or combination of vehicles stationary on any grade on which it is operated under all conditions of loading on a surface free from snow, ice, or loose material, and in any event shall be capable of locking the braked wheels to the limit of traction.

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) The parking brake shall be adequate to hold the vehicle or combination of vehicles stationary on any grade on which it is operated under all conditions of loading on a surface free from snow, ice or loose material. In any event the parking brake shall be capable of locking the braked wheels to the limit of traction.

What the Officer Must Prove

1Your vehicle's parking brake was not adequate to hold it stationary on a grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material, or was not capable of locking the braked wheels to the limit of traction

Arguments Commonly Raised for Parking Brake Requirements

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

Brake met the standard

If your parking brake met the standard in CVC 26451(a), describe it and keep any inspection or repair record.

Correction

If your notice is marked correctable, keep proof of the repair.

⚠️ Common Mistakes

✗Not keeping inspection or repair records
✗Not keeping proof of correction

What this code section covers (general information)

CVC 26451(a) — Parking Brake Requirements. Operating a vehicle without a parking brake capable of holding the vehicle stationary on any grade on which it is operated.

This section is listed as a correctable (fix-it) violation. California has a general process for showing proof that the problem was corrected.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 26451(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.

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Traffic School Option

If you are convicted instead of correcting the violation, it carries 1 DMV point, and traffic school may be available to keep the point off your public record. Check your notice or your court's website for your options.

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