Fail to Yield – Private Road or Drive

About

Fail-to-Yield-to-Traffic-on-Through-HighwayWhere a driver enters a roadway from a private road or driveway, the driver must yield to other traffic approaching the intersection to avoid a collision or immediate hazard.

This law does not apply where there is a traffic control signal controlling the flow of traffic or at a signalized intersection.

The traffic ticket refers only to private roads or driveways.

For example where an accident occurred at a signalized intersection where one driver drove across the path of on coming traffic, the appropriate charge would be Turn not in Safety – Highway Traffic Act section 142,1


Insurance Implications

A conviction for failing to yield will affect insurance rates for drivers.

Many times drivers are convicted of this offence where an accident has occurred.  Where a claim has been made to an insurance company for an “at fault accident” the insurance will be affected for 2 reasons:

  • a conviction for a traffic ticket
  • the at fault accident

Where there is a conviction and an at fault accident, the insurance will be dramatically affected for the driver for 3 to 5 years.


How Convictions are Registered

Once the driver is convicted of a traffic ticket, the court sends a notice to the Ministry of Transportation. Upon receiving the record of conviction from the court the Ministry of Transportation then adds the conviction to the driving record.


Driving Abstracts and Records

Driving abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.

Therefore the way the insurance company will finds out about the ticket is;

Each insurance company is a private company with their own set of rules and standards.

Some insurance companies will not increase insurance rates for one ticket and others will. The problem is drivers don’t know what the insurance company is going to do, and if asked, there is a chance they will increase it due to the inquiry.

Drivers need to keep their driving records clear.


Fines

The out of court fine listed on the traffic ticket for failing to yield to traffic on a through highway is $110.00.

Where the officer issues a summons to appear or the driver disputes the ticket and appears in court the Justice of the Peace (JP) can increase the fine up to $500.00.

The out of court fine is actually, $90.00 but the court adds a $20.00 Victim Fine Surcharge to the ticket.


What is the Victim Fine Surcharge?

  • The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.
    • It is deposited into a special fund to help victims of crime.
  • The amount of the VFS is usually 20 per cent of the imposed fine.
    • For example, a $100 fine would result in a $20 surcharge.
    • Fines over $1,000 carry a surcharge of 25 per cent.

Penalties

Traffic tickets for failing to yield to through traffic on a highway have the following penalties:


Demerit Points

Failing to yield to through traffic on a highway tickets have 3 demerit points.

  • G1 drivers are suspended for
    • any 4 ticket with 4 demerit points
    • accumulating 6 demerit points
  • G2 drivers are suspended for
    • any 4 ticket with 4 demerit points
    • accumulating 6 demerit points
  • G drivers are suspended for

Demerit Point Interviews

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your licence could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any ServiceOntario Centre.

You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview.

Failure to pay the interview fee will result in the cancellation of your driver’s licence.


Suspensions

There is no licence suspension for failing to yield to through traffic on a highway.


Unpaid Fines Suspensions

The driver maybe suspended where any fine goes into default.  Where the licence is suspended for an unpaid fine, the licence will be suspended until the payment is made to the court.


Demerit Point Suspensions

The accumulation of demerit points can result in a licence suspension.


Legal Definition

Right of way on entering highway from private road

139 (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.

Exception to subs. (1)

(2) Subsection (1) does not apply to a driver or operator entering a highway from a private road or driveway controlled by a traffic control signal of a traffic control signal system.

Case Law

R. v. Habibzai, 2010 ONCJ 573 (CanLII)
2010-11-18 | 34 pages
vehicle — traffic — collision — northbound — approaching
[…] [1] Under certificate of offence number 1260-95128110, the defendant, Muhibullah Habibzai, stands charged that he on the 14th day of December, 2008 at 6:17 p.m. at Third Line north of Lakeshore Road, in the Town of Oakville, did commit the offence of “fail to yield to traffic on through highway”, contrary to section 136(1) […] [4] The defendant is charged with the offence of “fail to yield to traffic on through highway”, contrary to the provisions of paragraph 136(1) (b) of the Highway Traffic Act, R.S.O. 1990, c. H.8 , as amended (hereinafter referred to as the “Act”). […] [59] The defendant stands charged that he on the 14th day of December, 2008 at 6:17 p.m. at Third Line north of Lakeshore Road, in the Town of Oakville, did commit the offence of “fail to yield to traffic on through highway”, contrary to paragraph 136(1)(b) of the Act. That paragraph reads as follows: […]


R. v. Toste, 2010 ONCJ 525 (CanLII)
2010-10-26 | 30 pages
approaching — traffic — motor vehicle — immediate hazard — actus reus
[…] [1] Under Certificate of Offence no. 1260-0915253A, the defendant Lesley Toste stands charged that she on the 19th day of February, 2009, at 8:30 a.m. at Livingston Road at Ellis Crescent, in the Town of Milton, did commit the offence of “fail to yield to traffic on through highway”, contrary to the Highway Traffic Act , […] [4] The defendant is charged with the offence of “fail to yield to traffic on through highway”, contrary to the provisions of paragraph 136(1) (b) of the Highway Traffic Act, R.S.O. 1990, c.H.8 , as amended (hereinafter referred to as the “Act”). […] [61] The defendant stands charged that she on or about the 19th day of February 2009 at 8:30 a.m., at Livingston Road at Ellis Crescent, in the municipality of Milton, did commit the offence of “fail to yield to traffic on through highway”, contrary to paragraph 136(1)(b) of the Act. That paragraph reads as follows: […]