Failure To Yield Sec 136 (1)(b)
Fail to Yield to Traffic on Through Highway
When entering an intersection or roadway the driver must yield the way to traffic lawfully using the roadway.
Definition of Fail to Yield
Under the Highway Traffic Act of Ontario there are two instances where the driver is required to yield to traffic:
- Highway Traffic Act s. 136.1,b – at a stop sign after stopping
- Highway Traffic Act s. 139.1 – when entering a roadway from another road
A driver is required to yield to traffic lawfully in the intersection as to avoid an unintentional accident occurring. Traffic in this section includes pedestrians.
Highway Traffic Act 136.1,b
Every driver approaching a stop sign at an intersection shall yield the right of way to traffic in the intersection or approaching the intersection on another roadway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed.
Highway Traffic Act 139.1
Every driver entering a roadway from a private road or driveway shall yield the right of way to all traffic approaching on the highway/roadway so closely that to enter would constitute an immediate hazard.
The main difference between the two is that section 139 is coming from a private drive or roadway and section 136 must be at a stop sign.
Penalty for Failing to Yield
A conviction to a charge of fail to yield goes on the insurance for three (3) years and has the following penalties:
- a fine of $110.00
- three demerit points
- determination of fault in accident cases
- insurance increases