Consequences of Failing To Yield
Drivers must yield to other roadway users when entering a roadway or intersection, or suffer the penalties and consequences of “failure to yield” charges.
Failing to yield the right of way to other road users compromises the safety of all road users, including your own. Without a certain order of things in the flow of traffic, the results can be disastrous, and the penalties for drivers who interrupt that order can be severe.
WHAT IS FAILURE TO YIELD?
“Failure to yield” charges are generally levelled if drivers fail to yield the right of way to other drivers and/or pedestrians when entering an intersection after stopping at a stop sign, or when entering a roadway from another road or driveway.
Specific definitions of what constitutes “failure to yield” can differ somewhat from province to province.
In its explanation of “failure to yield”, Ontario’s Highway Traffic Act states:
Stop at through highway
136 (1) Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and
(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed.
Right of way on entering highway from private road
139 (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard.
THE PENALTIES FOR FAILURE TO YIELD
You can face one or more of the following penalties if you are convicted of “failure to yield”.
- Demerit Points: 3 (except if its failure to yield to a pedestrian or at a pedestrian crossover)
- Driving Record: a conviction on your driving record that can be used by your insurance company
HOW TO FIGHT CHARGES
Unlike a speeding ticket, where a piece of equipment may confirm the speed that your vehicle was travelling, a “failure to yield” ticket is usually issued by an officer who observed the incident. The officer uses his or her discretion in charging a driver with “failure to yield”. That means how the officer’s evidence is examined in court is crucial in defending you against the charges.
The First Step in Fighting the Charges – Get legal representation from X-Copper’s team of qualified and experienced lawyers, former police officers and legal professionals. They understand the enforcement methods of the officers who charged you, and the cross-examination procedures of the courts, to help you learn about the process and get the best possible results.