defending drivers across Toronto, ON

failure to yield

How to Get A Failure to Yield Ticket Dismissed

Typically when an accident is involved, witness(es) will be required in court. Technicalities need to be examined. There are times when the officer may have issued the wrong charge as well. Hiring a licensed paralegal can help build a strong defence and present it to the court. While also cross-examining any evidence or statements. Most of the time you would not have to attend court, your licensed paralegal will attend all meetings and court dates.

Failure to Yield Meaning

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

Failure to Yield Ontario

Failure to Yield is one of the many things new driver’s are required to study and learn prior to obtaining their driver’s licence. A Failure to Yield in Ontario ticket can be given after an accident or after an officer witnesses driving that puts others at risk. 

This charge carries 3 demerit points along with a minimum fine of $110. If you are deemed at fault, insurance costs will increase.

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.

Failure to Yield Ontario from Private Drive

Highway 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.

Failure to Yield For Emergency Vehicle

When an emergency vehicle has their lights and/or sirens activated, all drivers must yield and move to the right to let them pass safely.

This charge carries 3 demerit points and fines up to $2000 for the first offence. Second, third and any further infraction will have more severe consequences.

Stop on approach of vehicle with flashing lights or bell or siren sounding 159 (1) The driver of a vehicle, upon the approach of a police department vehicle with its bell or siren sounding or with its lamp producing intermittent flashes of red light or red and blue light, or upon the approach of an ambulance, fire department vehicle or public utility emergency vehicle with its bell or siren sounding or its lamp producing intermittent flashes of red light, shall immediately bring such vehicle to a standstill,

  • (a) as near as is practicable to the right-hand curb or edge of the roadway and parallel therewith and clear of any intersection; or
  • (b) when on a roadway having more than two lanes for traffic and designated for the use of one-way traffic, as near as is practicable to the nearest curb or edge of the roadway and parallel therewith and clear of any intersection. 2009, c. 5, s. 49.

Failure to Yield to School Bus

Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (11)

Every driver or street car operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, shall stop at least twenty metres before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (12).

This charge has a higher fine of $2000+ and 6 demerit points.

Failure to Yield Ontario for Pedestrian

Pedestrian crossover

Duties of Driver

140 (1) When a pedestrian is crossing on the roadway within a pedestrian crossover, the driver of a vehicle approaching the crossover,

  1. shall stop before entering the crossover;
  2. shall not overtake another vehicle already stopped at the crossover; and
  3. shall not proceed into the crossover until the pedestrian is no longer on the roadway. 2015, c. 14, s. 39 (1).

(2) Repealed: 2015, c. 14, s. 39 (1).

Failing to Yield to A Pedestrian can also lead to a Careless Driving charge with 6 demerit points, fines up to $2000+ and a licence suspension.

pedestrian crossing must yield crosswalk

Demerit points across ontario

Did you know...

7 Points – Failing to Remain at Scene of Accident

7 Points – Driver failing to stop when signaled or requested to by a police officer

6 Points – Careless Driving

6 Points – Racing

6 Points – Failing to Stop for School Bus

6 Points – Exceeding Speed limit by 50 Kilometers per hour or more

5 Points – Driver of public vehicle or School Bus failing to stop at Railway Crossings

4 Points – Exceeding Speed limit by 30-49 Kilometers per hour

4 Points – Following too closely

3 Points – Exceeding Speed limit by 16-29 Kilometers per hour

3 Points – Driving through, around, or under Railway Crossing Barrier

3 Points – Failing to Yield Right of Way

3 Points – Failing to obey a stop sign, signal light or Railway Crossing Signal

3 Points – Failing to Obey directions of police constable

3 Points – Driving or operating a vehicle on a closed highway

3 Points – Failing to report an accident

3 Points – Improper passing

3 Points – Improper Driving where highway divided into lanes

3 Points – Crowding Driver’s Seat

3 Points – Drive Wrong Way – Divided Highway

3 Points – Cross Divided highway – No proper crossing provided

3 Points – Wrong Way in one way Street or Traffic

3 Points – Failing to slow down and proceed with caution when approaching stopped emergency vehicle

3 Points – Failing to move into another lane when approaching stopped emergency vehicle – if safe to do

2 Points – Backing on a highway

2 Points – Pedestrian Crossover

2 Points – Failing to share road

2 Points – Improper Right Turn

2 Points – Improper Left Turn

2 Points – Failing to Signal

2 Points – Unnecessary Slow Driving

2 Points – Failing to lower headlamp beam

2 Points – Improper opening of vehicle door

2 Points – Prohibited Turns

2 Points – Towing of persons on toboggans, bicycles, skis, etc. prohibited

2 Points – Failing to obey sign prescribed by regulation under subsection 182(1)

2 Points – Driver failing to wear complete Seatbelt assembly

2 Points – Driver failing to ensure passenger under 16 years wears complete seatbelt assembly

2 Points – Driver failing to ensure child passenger under 23 Kilograms occupies position with seatbelt

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