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Failure To Yield Ontario

OTD Ticket Defenders Legal Services has successfully assisted numerous clients in contesting tickets and pursuing appeals for a wide range of traffic violations, including but not limited to “failure to yield” charges. 

Whether you’re facing traffic tickets related to not yielding the right of way, failure to stop at a stop sign, or any other traffic infraction, our experienced team is here to uphold your rights and ensure equitable treatment under the law and avoid severe penalties and consequences like insurance implications, demerit points, traffic ticket convictions and other negative possible outcomes.

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.

Failure To Yield FAQ

What exactly constitutes a “failure to yield” violation in Ontario?

In Ontario, failure to yield refers to not giving the right of way to oncoming traffic or pedestrians when required by law, such as when merging from a private road or at a stop sign.

What are the immediate legal penalties for a failure to yield ticket?

The penalties include a $85.00 fine, three demerit points on your license, a victim fine surcharge, and a mark of conviction on your driving record.

What should I do if I receive a failure to yield ticket?

Contact OTD Legal for a free consultation. We’ll review your case, advise on the best course of action, and represent you in contesting the ticket.

Our Services


“I had really wonderful experience with OTD Legal Team they are truly Trustworthy and Responsive. Will definitely recommend to everyone who is in trouble especially for speeding tickets.”


“Excellent and professional service, they helped my mom and demonstrated good advocacy, professional and helpful way. I highly recommend them.”


“Amazing company! I had a pretty serious charge and they had it withdrawn! I can’t thank you enough for your help and talking me through the process, great job.”


“Great company to deal with. Looked after my issue without me being there and saved me a huge amount of money. Highly recommend them. Thanks so much!!!”


“Helped me out HUGE! Totally saved the day when I got wrongfully charged. Highly recommend!!!”

Speeding Tickets

Speeding tickets, common offenses, addressed in Ontario, Quebec, and various locations. If ticketed, understand legal rights, consequences, and options. Avoid simply paying; we can often reduce charges or find legal grounds for dismissal. Make informed decisions to safeguard rights and insurance rates.

Suspended License

Driving on a suspended license is a serious offence, potentially leading to jail time and hefty fines. If you’ve received a ticket or court summons for this in Ontario, OTD Ticket Defenders Legal Services can assist.

Accident Charges

Accidents can unexpectedly disrupt life, causing immediate inconveniences and long-term consequences. If you’ve received a ticket or court summons related to a crash, OTD Ticket Defenders Legal Services is here to assist.

Emergency Vehicles

Failure to stop for emergency vehicles is a serious offense. If cited, seek help from OTD Ticket Defenders Legal Services. Get Your Free Consultation With Us Today!

Cannabis Violations

While cannabis is legal, criminal charges related to its unlawful sale, distribution, or driving offenses can still occur. Safeguard your interests with OTD Ticket Defenders Legal Services.

Failure to Wear Seat Belt

If you’ve been ticketed for not wearing your seatbelt, avoid steep fines, points, and insurance hikes. Before admitting guilt, consult with OTD Ticket Defenders Legal Services.

CVOR / Commercial Tickets

For commercial motor vehicle drivers dealing with a CVOR ticket, understanding the consequences is crucial before deciding on a course of action.

Stunt Driving and Racing Tickets

If the police have charged you with Stunt Racing, you’re going to need to seek out critical information to make sure that you are making informed decisions to avoid legal missteps and protect your insurance rates and pocketbook.

Following Too Closely

Paying a follow too closely ticket can also result in a driver’s license suspension. If you have been charged with Follow Too Closely in Ontario, contact our office for a free, confidential consultation.

Unsafe Turn Ticket

Unsafe turn tickets, or Turn – Not in Safety tickets, are issued for a variety of reasons in Ontario. Our team is one of the most successful firms in Ontario at winning unsafe turn violation charges.

Cellphone Use & Distracted Driving

Driver distraction causes numerous preventable accidents annually, treated seriously under Canadian law. If you face a distracted driving ticket or court summons, OTD Ticket Defenders Legal Services can advocate for you.

Careless Driving

Facing a careless driving charge in Ontario? Our team at OTD Legal, comprised of skilled lawyers and paralegals, is here to assist you. Our experienced team at OTD Legal understands the complexities of these charges and can provide the guidance and representation you need to navigate this challenging situation.

Fail To Remain / Report

Failing to remain at a collision scene is a grave offence with severe consequences. Conviction may lead to hefty penalties, license loss, and increased insurance costs for high-risk drivers. Safeguard your interests with our experienced team.


If you’ve been convicted of a civil traffic offense, you can appeal the decision to mitigate consequences. OTD Ticket Defenders Legal Services aids in preparing your appeal, safeguarding your driving privileges and record.

Failure to Obey Stop Sign

Don’t underestimate the impact of failing to obey a stop sign. Before paying your ticket, consult with OTD Ticket Defenders Legal Services for a confidential and free consultation.

Driving While Disqualified

Driving while disqualified is a severe criminal offense with potential jail time and vehicle impoundment. If you face charges, OTD Ticket Defenders Legal Services is here to help.

Failure To Yield Ticket

Entrust OTD Ticket Defenders Legal Services to contest your traffic tickets and pursue appeals, including “failure to yield” charges. From right-of-way issues to stop sign violations, our seasoned team is committed to protecting your rights and ensuring fair treatment under the law.

HOV Lane Ticket

If you have received a ticket or summons for Improper Use of the HOV Lane, contact OTD Legal Services as soon as possible. We can help you defend yourself and look out for your best interest.

Failing to Stop for a School Bus

Due to the serious nature of this charge, it is always best to talk to an experienced paralegal before deciding how to proceed. Our team can help uncover defences that may be available to you.

Have You Received a Failure to Yield Traffic Ticket?

If you’ve recently received a traffic citation in Ontario OTD Ticket Defenders offers a free initial case review to explain your rights under the law. Contact us today to set up a no-cost consultation, or text a picture of your ticket or summons to 226-240-2480 for a fast and free evaluation of your case. We service all areas of Ontario including Kitchener, Cambridge, Georgetown, London and Windsor.

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