Right-of-way at intersection
This law covers who has to wait and let other drivers go first at intersections. If there is no traffic light or sign, a driver already in the intersection goes first. If two cars arrive at the same time, the car on the left gives way to the car on the right. A driver turning left must let oncoming cars pass first. At a stop sign, a driver must fully stop, then let other cars go. At a yield sign, a driver slows down and lets other cars go. When pulling out of a driveway or alley, a driver must let all traffic on the main road pass. Breaking this law is a class C misdemeanor. If someone is hurt, extra fines and a license suspension can be added on top of that — up to $200 and 30 days for an injury, up to $500 and 90 days for a serious injury, and up to $1,000 and 6 months if someone is killed.
Classifications stated in the statute. Actual outcomes vary.
304.351. at — s at intersections — violation, — additional penalties — definitions — , contents, . — 1. The driver of a vehicle approaching an intersection shall the right-of-way to a vehicle which has entered the intersection from a different , provided, however, there is no form of traffic control at such intersection.
2. When two 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 driver of the vehicle on the right. This shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn.
3. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an .
4. (1) The with reference to state highways and with reference to other highways under their may through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a or as a and erect stop signs or yield signs at one or more entrances to such intersection.
(2) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as in this section:
(a) Except when directed to proceed by a police officer or , every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop at a clearly marked stop line, but if none, before entering the on the near side of the intersection, or if none, then at the point nearest the where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.
(b) The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such traffic is moving across or within the intersection.
5. The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.
6. The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic .
7. The state highways and transportation commission or local authorities with respect to roads under their respective jurisdictions, on any section where construction or major operations are being , may fix a speed limit in such areas by of signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be of careless and imprudent driving and a violation of section 304.010.
8. the of section 304.361, violation of this section shall be deemed a .
9. In addition to the penalty specified in subsection 8 of this section, any person who to or is of a violation of this section in which the is found to have caused , there shall be assessed a penalty of up to two hundred dollars. The court may an order of suspension of such person's for a period of thirty days.
10. In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused , there shall be assessed a penalty of up to five hundred dollars. The court may issue an order of suspension of such person's driving privilege for a period of ninety days.
11. In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused a , there shall be assessed a penalty of up to one thousand dollars. The court may issue an order of suspension of such person's driving privilege for a period of six months.
12. As used in subsections 9 and 10 of this section, the terms "physical injury" and "serious physical injury" shall have the meanings ascribed to them in section 556.061.
13. For any court-ed under subsection 9, 10, or 11 of this section, the of the shall impose such suspension as set forth in the . The order of suspension shall include the name of the offender, the offender's driver's number, Social number, and the of the suspension. Any appeal of a suspension imposed under subsection 9, 10, or 11 of this section shall be a direct appeal of the court order and subject to by the of the or another judge within the other than the judge who issued the original order to the driver's license. The 's entry of the court-ordered suspension on the driving is not a decision subject to review under section 302.311. Any suspension of the driver's license ordered by the court under this section shall be in addition to any other suspension that may occur as a result of the under other provisions of law.
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Source & history notes
(L. 1969 S.B. 180 § 9.304.021, A.L. 1996 H.B. 1047, A.L. 2006 S.B. 872, et al.) Effective 1-01-07 (1968) Failure to yield the right-of-way is specifically denounced as an offense, but an information charging careless and imprudent driving by failure to yield the right-of-way at a place where required by statute to do so, includes the offense as descriptive of what happened and in what manner defendant drove imprudently. State v. Richards (A.), 429 S.W.2d 351. (1972) Information charging that defendant "failed to yield the right-of-way to vehicle approaching intersection so closely as to constitute an immediate hazard" held insufficient as failing to inform defendant of offense of which he was charged. State v. Miles, 488 S.W.2d 219. (1976) Notwithstanding the literal language of subsection 5 of this section, a driver about to enter or cross a highway from a private road or driveway must yield the right-of-way to all vehicles on the highway approaching so close as to constitute an immediate hazard rather than to all vehicles approaching on the highway to be entered. Cope v. Thompson (A.), 534 S.W.2d 641.
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