CVC 26502Eligible for written declarationCorrectable · Fix under CVC 40522

Brake System Performance Requirements

Operating a vehicle or combination of vehicles whose air brakes are not adjusted and maintained to provide a full service brake application at all times.

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 System Performance Requirements ticket?

CVC 26502(a) says airbrakes of every motor vehicle and combination of vehicles shall be adjusted and maintained so as to be capable of providing full service brake application at all times, except as provided in Section 26311(b). A full service brake application shall deliver to all brake chambers not less than 90 percent of the air reservoir pressure remaining with the brakes applied. Under 26502(b), the department may by regulation authorize special devices or systems to automatically reduce the maximum air pressure delivered to the brake chambers to compensate for load variation and obtain balanced braking.

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) Airbrakes of every motor vehicle and combination of vehicles shall be so adjusted and maintained as to be capable of providing full service brake application at all times except as provided in subdivision (b) of Section 26311. A full service brake application shall deliver to all brake chambers not less than 90 percent of the air reservoir pressure remaining with the brakes applied. (b) The department may by regulation authorize the use of special devices or systems to automatically reduce the maximum air pressure delivered to the brake chambers in order to compensate for load variation and to obtain balanced braking. Permitted systems shall be of the fail safe type and shall not increase the vehicle stopping distance.

What the Officer Must Prove

1Your vehicle had airbrakes
2They were not adjusted and maintained to be capable of providing full service brake application, delivering to all brake chambers not less than 90 percent of the air reservoir pressure remaining with the brakes applied

Arguments Commonly Raised for Brake System Performance Requirements

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

Brakes met the standard

If your airbrakes met the standard in CVC 26502(a), describe it and keep the inspection or repair record.

Load-compensating system

CVC 26502(b) allows authorized devices or systems that automatically reduce the air pressure delivered to the brake chambers to compensate for load variation. Describe any such system on your vehicle.

⚠️ 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 26502 — Brake System Performance Requirements. Operating a vehicle or combination of vehicles whose air brakes are not adjusted and maintained to provide a full service brake application at all times.

This section is a correctable (fix-it) violation: if the officer marks your notice correctable, the court shall dismiss the charge when you present proof of correction on or before the date on your notice (Vehicle Code 40522). The officer does not mark it correctable on finding fraud or persistent neglect, an immediate safety hazard, or that you do not agree to, or cannot, promptly correct it (Vehicle Code 40610(b)).

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 26502. 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. 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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