4.12Right-of-Way or Failure to Yield

A.Statutory Authority

MCL 257.649 and MCL 257.649a contain several provisions for yielding the right-of-way to another vehicle. However, “[t]he driver of a vehicle traveling at an unlawful speed forfeits a right of way that the driver might otherwise have under [MCL 257.649].” MCL 257.649(7). A person who violates MCL 257.649 or MCL 257.649a is responsible for a civil infraction. See MCL 257.649(10)and MCL 257.649a(2).

1.Entering Intersection from Different Highways

“The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle that has entered the intersection from a different highway.” MCL 257.649(1).

“When 2 vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.” MCL 257.649(2).

“The right of way rules in [MCL 257.649(1) and MCL 257.649(2)] are modified at through highways and otherwise as provided in [MCL 257.649(4) and MCL 257.649–MCL 257.655].” MCL 257.649(3).

2.Approaching an Intersection Controlled by Certain Traffic Control Signals

“The driver of a vehicle approaching an intersection that is controlled by a traffic control signal shall do all of the following, if the signal facing the driver exhibits no colored lights or colored lighted arrows, exhibits a combination of colored lights or colored lighted arrows that fails to clearly indicate the assignment of the right of way, or the signals are otherwise malfunctioning:

(a) Stop at a clearly marked stop line, or if there is no clearly marked stop line, stop before entering the crosswalk on the near side of the intersection, or, if there is no crosswalk, stop before entering the intersection.

(b) Yield the right of way to all vehicles in the intersection or approaching on an intersecting road, if those vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection.

(c) Exercise ordinary care while proceeding through the intersection.” MCL 257.649(4).

“[MCL 257.649(4)] does not apply to either of the following:

(a) An intersection that is controlled by a traffic control signal that is flashing yellow unless certain events occur, including, but not limited to, activation by an emergency vehicle.

(b) A traffic control signal that is located in a school zone and is flashing yellow only during prescribed periods of time.” MCL 257.649(5)(a)-(b).

3.Approaching a Yield Sign

“The driver of a vehicle approaching a yield sign, in obedience to the sign, shall slow down to a speed reasonable for the existing conditions and shall yield the right of way to a vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver would be moving across or within the intersection.” MCL 257.649(6). “However, if required for safety to stop, the driver shall stop before entering the crosswalk on the near side of the intersection or, if there is not a crosswalk, at a clearly marked stop line; but if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.” Id.

4.Traveling at an Unlawful Speed

“The driver of a vehicle traveling at an unlawful speed forfeits a right of way that the driver might otherwise have under [MCL 257.649].” MCL 257.649(7).

5.Approaching a Stop Sign¹

“Except when directed to proceed by a police officer, the driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection, or if there is not a crosswalk shall stop at a clearly marked stop line; or if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.” MCL 257.649(8). “After having stopped, the driver shall yield the right of way to a vehicle that has entered the intersection from another highway or that is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver would be moving across or within the intersection.” Id.

6.Merging

“When a vehicle approaches the intersection of a highway from an intersecting highway or street that is intended to be, and is constructed as, a merging highway or street, and is plainly marked at the intersection with appropriate merge signs, the vehicle shall yield right of way to a vehicle so close as to constitute an immediate hazard on the highway about to be entered and shall adjust its speed so as to enable it to merge safely with the through traffic.” MCL 257.649(9).

7.Turning Left Across Lane of Traffic

“The driver of a vehicle at a location other than an intersection intending to turn to the left across a lane of traffic traveling in the opposite direction shall yield the right-of-way to all vehicles approaching from the opposite direction that are so close to the driver as to constitute an immediate hazard.” MCL 257.649a(1).

B.Right-of-Way or Failure to Yield Violations

Common right-of-way or failure to yield violations include:

•Failing to obey stop, yield, or merge signs on through highways, MCL 257.671(3);

•Failing to stop at stop sign, MCL 257.649(8);

•Failing to yield at yield sign, MCL 257.649(6);

•Failing to yield from alley, private road, or driveway, MCL 257.652(1);

•Failing to yield to emergency vehicles, MCL 257.653²;

•Failing to yield to funeral procession, MCL 257.654;

•Failing to yield to oncoming traffic when merging onto highway, MCL 257.649(9);

•Failing to yield to pedestrians or bicyclists, MCL 257.612;

•Failing to yield to vehicle on the right at an uncontrolled intersection, MCL 257.649(2);

•Failing to yield to vehicle that has already entered an intersection, MCL 257.649(1); and

•Turning left at intersection into oncoming traffic, MCL 257.650.

C.Penalties

The general rules for assessing a civil fine and costs apply to right-of-way and failure to yield violations. See Section 1.20 for a discussion of the general rules governing the assessment of a civil fine and costs; see also the Michigan Judicial Institute’s table for a quick reference guide.

D.Sanctions

Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for more information on abstracting procedures.

•Four points are assessed for “a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object.” MCL 257.320a(1)(l). See Section 1.42 for more information on points.

•Three points are assessed for “[d]isobeying a . . . stop sign . . . .” MCL 257.320a(1)(r). See Section 1.42 for more information on points.

•Two points are assessed for “[a]ll other moving violations pertaining to the operation of motor vehicle reports under [MCL 257.320a.]” MCL 257.320a(1)(u). See Section 1.42 for more information on points.

E.Issues

“[T]he standard of care to which the . . . driver with the right of way . . . must adhere is a standard of reasonable care or due care under the circumstances.” Placek v Sterling Hts, 405 Mich 638, 669 (1979).

•   Failing to yield to emergency vehicles, MCL 257.653

“[A] driver traveling on a through street, as against an emergency vehicle, has a right to cross the intersection unless, by the reasonable exercise of the senses of sight and hearing, he or she should have noticed or heard warning to the contrary.” Placek, 405 Mich at 671-672.

•   Turning left at intersection into oncoming traffic, MCL 257.650

“[T]he law [does not] require [a driver], after entering [an] intersection under a favorable green light, to stop and wait for a change in the traffic light before completing [a] left turn.” Neander v Clampett, 344 Mich 292, 295 (1955).