Brake System Performance Requirements
Operating a vehicle whose brake system does not meet California's minimum performance requirements under all loading conditions.
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 requires a vehicle's brake system to perform within certain deceleration and stopping distance standards. A citation typically means the brakes were defective, worn, or failed to meet the minimum stopping performance required by law. This is a safety-critical fix-it violation.
Brake violations carry 1 DMV point — unlike most equipment violations. Faulty brakes are one of the leading causes of collisions. Get brakes repaired immediately, then seek sign-off and court dismissal.
A 1-point equipment violation can raise insurance premiums 15–20% for 3 years.
What the Law Says
What the Officer Must Prove
- 1Your vehicle's brake system failed to meet the performance requirements of CVC 26502
How Drivers Get This Ticket
CHP officer observes vehicle with metal-on-metal brake noise indicating worn pads.
Cited for 26502; must have brakes repaired at a licensed shop and get the ticket signed off.
Vehicle fails a brake performance test during a commercial vehicle inspection.
Out-of-service order issued; brakes must be repaired before the vehicle can be operated.
Common Defenses for Brake System Performance Requirements
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Brakes met the required performance standard
CVC 26502 requires that brake systems meet specified performance standards. A professional brake inspection and certification can demonstrate compliance.
Correctable violation
Have the brake system repaired and inspected, then get a Certificate of Correction.
How to Address This in Your Declaration
- ✓Brake inspection and repair receipt from a licensed mechanic
- ✓Brake performance test results showing compliance after repair
⚠️ What NOT to Do
- ✗Continuing to drive with known brake issues — safety risk and continued violations
- ✗Paying without getting a sign-off — the 1 point can be avoided with proper sign-off and dismissal
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Frequently Asked Questions About Brake System Performance Requirements
Why does a brake violation carry a DMV point when other equipment violations don't?▼
CVC 26502 carries 1 DMV point because brake failure is a direct accident causation risk. The legislature treats safety-critical equipment failures more seriously than lighting or cosmetic violations.
Traffic School Option
Unlike most equipment violations, CVC 26502 carries 1 DMV point. Traffic school may be available to mask the point if you qualify.
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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.