Last week our blog post talked about stop signs, what “stopping” actually entails and the fines and charges for improper stops.

This week’s blog will be about the second part of the same section, 136 (1)(b):

At a stop sign, a driver has a duty to not just stop, but to also take a reasonable look around to ensure it is safe to proceed. This is part of yielding the right of way. At a four way stop, if a driver has stopped at the stop sign before another driver, the first driver has the right of way to go first. If another driver is already proceeding into the intersection then the next driver must wait until it is safe to proceed.

The driver must also make sure there is a margin of safety. If the view of the driver is obstructed then it is the driver’s duty to control the car in a way that he/she can stop safely if he/she comes to a place where he/she can see it is unsafe to proceed. Just because the driver’s view might have been obstructed, the driver must still be able to yield to through or oncoming traffic.

Basically, when a driver is stopped at a stop sign, before he/she may proceed, he/she must yield the right of way to oncoming traffic, or through traffic.

The charge and set fine is:

Fail to yield to traffic on through highway
$110.00 (includes victim surcharge and court costs)
3 demerit points

Set fines only apply if you pay the fines out of court. If a summons is laid or if you convicted at trial the fines could go up to $1000.

Unlike Section 136 (1)(a), this is a strict liability offence and the defence of due diligence (what a reasonable person would have done in the same circumstances) is available. It is established that “the duty of the driver is not discharged simply by stopping and then proceeding without proper lookout or without regard to the circumstances of probable danger.” Eisenhower v. Rice (1952)

Every situation is different. Remember you have a right to Fighting your Traffic tickets. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.