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Failing to Yield

Failing to Yield

Ontario Provincial Offences


It is important to understand the requirements of when to yield in different scenarios. For example, when approaching a stop sign, drivers must stop and then yield to any vehicles already in the intersection. When merging onto a highway, drivers must yield to all vehicles already on the highway.

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Failing to Yield

Failing to yield is a major traffic violation in Ontario. Many drivers don't understand the laws and regulations around yielding and end up getting tickets for this offense. It's important to understand the rules of the road and the consequences of breaking them.


In Ontario, a driver must yield to traffic that has a right of way. This includes pedestrians, cyclists, and other vehicles. If a driver fails to yield, they could face a fine of up to $500 and three demerit points. Failing to yield could also cause accidents and injuries, which can be very serious.


Pedestrians have the right of way in Ontario, so drivers must stop and yield if they see someone crossing the road. Cyclists also have the right of way, and drivers must exercise caution when passing or turning near bike lanes. Drivers should also look for cyclists before making any sudden turns.


Another important rule is that drivers must yield to oncoming traffic when entering a highway. Drivers must be careful to make sure that all lanes are clear before attempting to merge onto the highway. Failing to yield in this situation could cause a serious accident.


Drivers must also take extra care when approaching and passing emergency vehicles. Drivers must move over to give way to emergency vehicles, and must never attempt to pass or overtake them. Failing to yield to emergency vehicles could have serious consequences.


It's important to understand the rules of the road and the consequences of breaking them. Failing to yield can result in a fine, demerit points, and even serious injury or death. Drivers should always be aware of their surroundings and be prepared to yield when necessary.



Defend a Failure to Yield Ticket


In Ontario, failing to yield is a serious charge that can have serious consequences. If you've been charged with this offence, it's important to understand your legal rights and potential defences.


The charge of failing to yield in Ontario is governed by the Highway Traffic Act. According to the act, a driver has the responsibility to yield the right of way to other drivers, cyclists, and pedestrians. If a driver fails to do so, they are guilty of an offence and can face serious penalties.


If you are charged with failing to yield, there are several possible defences available to you. First, you can argue that you did not act negligently or that you had the right of way. For example, if you were turning left and the other driver was speeding, you may be able to prove that you had the right of way.

Another defence is that the other driver was negligent. If you can prove that the other driver was driving recklessly or in a manner that was dangerous, you may be able to prove that you were not at fault.


Finally, you can argue that you were not given enough time to yield. If you were travelling at a reasonable speed, but the other driver was travelling too fast for you to safely yield, then you may have a valid defence.


These are just a few of the possible defences for failing to yield in Ontario. It's important to consult an experienced lawyer if you are charged with this offence, as they will be able to provide you with the best advice and help you build a strong legal case.




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Failing to Yield

Some important information you need to know about failing to yield.


Failing to Yield: Explained


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.


Acquiring right of way

(2) Every driver or street car operator approaching, on another highway, an intersection referred to in subsection (1), shall yield the right of way to every driver or operator who has complied with the requirements of subsection (1)."


Failing to Yield: Penalties


Three demerit points will be added to your record, along with a fine of $110. You will also receive more fines and demerit points if you are found at fault for an accident. Regardless, you will have to pay more for insurance.


Failing to Yield: How to Defend Them


If you receive a fail to yield ticket, you should challenge it. You can fight it with the help of our talented staff. A variety of defences are available, ranging from technicalities such as the officer issuing the wrong ticket to your being innocent. To schedule a free consultation, please contact us today.

Frequently Asked Questions


Here are answers to some common questions. 

Failing to Yield


  • What does failing to yield mean?

    When drivers fail to yield to the right of way when entering an intersection or roadway from another road or driveway, these charges are typically laid. It can include failing to yield to other drivers or pedestrians.

  • What is the penalty for failing to yield?

    The fine will be $110, you will receive three demerit points, and your insurance premiums will increase.

  • What are the different types of failing to yield?

    Some of the types include:

    • Failing to Yield to School Bus
    • Failing to Yield to Pedestrian
    • Failing to Yield from Private Driveway
    • Failing to Yield for Emergency Vehicle
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