Failure To Yield Ontario

What Does Failure to Yield to the Right of Way in Ontario Mean?

Failure to yield infractions are covered by sections 136 (1)(b) and 139 (1) of the Highway Traffic Act of Ontario. In each section, the Highway Traffic Act states that drivers must yield to oncoming traffic, when entering from a private road or after a stop sign, in order to prevent creating an immediate hazard for other drivers.

Highway Traffic Act Section 136 (1)(b) Definition

(1) Every driver or street car operator approaching a stop sign at an intersection,

(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. R.S.O. 1990, c. H.8, s. 136 (1).

Highway Traffic Act Section 139 (1) Definition

(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. R.S.O. 1990, c. H.8, s. 139 (1).

It is important to note that simply signaling does not automatically give you the right of way. Even in the event of an unintentional accident occurring or if police officers at the scene determines that the way you entered the flow of traffic infringed on the right of way of others and created a hazard, you could face a failure to yield ticket.

In situations approaching traffic where cyclists or pedestrians are present, a failure to yield infraction could also lead to careless driving charges, which carries more serious penalties.

Understanding “Failure to Yield” Charges

Fail to Yield on Major Roads (s. 136.1(b))

• Mandatory Stop: Drivers must come to a full stop at intersections controlled by stop signs on through highways.
• Yield to Oncoming Traffic: Before proceeding, ensure the way is clear of oncoming traffic to avoid creating hazards.

Fail to Yield at Signs (s.138.1)

• Observe and Assess: Drivers must carefully assess traffic conditions before proceeding past yield signs.
• Prioritize Pedestrians: Special attention should be given to pedestrian crossings to avoid endangering those on foot.
• Road Signs: Understanding and obeying a yield sign is key to safe driving and avoiding tickets.

Fail to Yield on Private Roads (s.139.1)

• Right-of-Way: Drivers exiting private roads or driveways must give way to traffic and pedestrians on the main road and pass safely.

Failure To Yield Penalties

A failure-to-yield ticket carries the following penalties:

• Three demerit points on your license
• $85.00 fine
• An automatic victim fine surcharge
• A conviction on your driving record

Beyond the immediate financial impact, these penalties can have longer-term effects, potentially affecting your insurance rates and overall driving record. 

Insurance Rate Effects of a Ticket

When a failure-to-yield incident leads to an accident, it has a two-fold impact on your standing with your insurance company. Your conviction counts as two strikes: one for the accident and another for the traffic violation. This can result in your insurance rates going up for at least three years. If you have other violations on your record or are driving with a novice driver’s license, there’s potential for further rate hikes. In many scenarios, be prepared for an increase of 25% to 50% in your premiums, leading to a notable rise in your insurance expenses.

If you’ve received a failure-to-yield ticket, our team is here to assist you every step of the way. We understand the potential consequences, such as demerit points, fines, and insurance rate increases. Let us handle the legal complexities on your behalf, protect your rights and make sure you receive fair treatment under the law. 

How OTD Legal Can Help Fight Failure To Yield Charges

Our expertise is at your disposal. We understand the gravity of demerit points, fines, and the looming threat of increased insurance costs. We ensure your rights are protected and you’re given fair treatment.