Drivers are required to yield at certain times in order to keep pedestrians and other drivers safe on the roads and to prevent accidents. When yield signs are posted, it is usually very clear who has the right of way, who must stop and yield, and who may proceed next. When approaching a yield sign, the driver must stop at a clearly marked white line nearest the sign. If no line is present, then the driver should stop before entering the crosswalk. If there is neither a line nor a crosswalk, the driver should stop at the point nearest the intersection where the driver has a clear view of approaching traffic.
However, there are situations in which a sign may not be posted. In such cases, knowing the rules of the road can help keep oneself and other drivers safe, as well as avoid the risk of a traffic ticket.
The penalties and fines vary depending on which violation a driver is being charged with.
Fines: The cost of most failure to yield tickets run from $0 to $150 for a first offense. Failing to yield for an emergency vehicle (VTL 1144 and VTL 1144-b) costs between $0 and $275 for a first offense. A second or third offense in 18 months can cost far more (see chart below).
Surcharge: New York State imposes a mandatory surcharge of $88 or $93 on each traffic ticket. This is in addition to the fine.
Auto insurance increase: In addition to other penalties, drivers who are convicted of failing to yield can see their auto insurance rates go up. On average, drivers see a 9% increase in premiums as a result of a failure to yield ticket.
|1st Offense||2nd Offense||3rd Offense|
|VTL 1140 - Failed to yield the right of way at intersection||$150||$300||$450||3|
|VTL 1141 - Failure to yield the right of way when turning left||$150||$300||$450||3|
|VTL 1142 - Failed to yield right of way at a stop sign or yield intersection||$150||$300||$450||3|
|VTL 1143 - Failed to yield right of way when entering roadway||$150||$300||$450||3|
|VTL 1144(a)- Failed to yield right of way to an emergency vehicle||$275||$450||$750||3|
|VTL 1144-a(a)-Move Over Law||$150||$300||$450||2|
|VTL 1144 (b) - Failed to yield when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle||$275||$450||$750||3|
|VTL 1145 - Failed to yield at a rotary traffic circle||$150||$300||$450||3|
|VTL 1146 - Failed to exercise due care for bike/pedestrian or animal||$150||$300||$450||2|
|VTL 1146 (a) - Approaching horses||$150||$300||$450||2|
IMPORTANT: New York requires that you stop completely for a school bus that has pulled over with its red signal lights flashing.
Failure to yield tickets are often issued by law enforcement who have been called to the scene of a car accident.
There are many different types of tickets for failure to yield, depending on the circumstances. They all have in common the accusation that the driver did not give right of way when he/she was supposed to. There are three possible ways drivers can avoid the consequences of a failure to yield a ticket:
No matter what defense a driver chooses, it is best to move forward under the guidance of a skilled traffic ticket attorney. Failure to yield tickets carry heavy fines and will amount to points on one’s license. In extreme cases, judges are authorized to impose jail sentences based on the violation. An attorney can help assess the situation and determine which defense will work best for the case. An experienced attorney will be able to gather facts and present the case in a manner that is most likely to yield the desired result.
NYS VTL 1172 defines when a vehicle must stop at a stop sign or yield sign. According to the statute, a driver must come to a complete stop at a yield sign only if circumstances require it. In other words, if no other vehicles are present or near, then a complete stop is not necessary. However, if other vehicles are in or near the path and they do not have a yield or stop sign, then a driver must stop at the yield sign and wait for the road to be clear.
Yielding means letting others go first. When approaching a junction with a yield sign, a driver must let those who are crossing into his/her path go first. Emergency vehicles with flashing lights on and/or sirens generally have right of way regardless of signs or traffic lights.
Yes, and this is true even if the emergency vehicle is in the wrong lane or going the wrong way on a one-way street. Emergency personnel generally make these maneuvers for a good reason, so other drivers should be sure to do everything possible to make room.
A driver has right of way when he/she:
No. Pedestrians must yield to cars at intersections controlled by pedestrian traffic signals until the “walk” lights are on. Cars also have right of way at any other part of the road other than the intersection.