THEATTOIENEY GENERAL 

OFTEXAS 

AUSTIN. TEXAS %3711 

CRAWWORD ‘T. MARTIN 

A-rrOPNIFY a-AI. 

September 17, 1969 

Col. Wilson E. Speir Opinion No. M- 474 

Director 

Texas Department of Public Safety RE: House Bill 84, Acts 

5805 North Lamar Blvd. 61st. Leg., R.S. 

Austin, Texas 78723 1969, ch. 793, p. 

2342, concerning 

Dear Col. Speir: right-of-way 

You have requested the opinion of this office as to 

whether the amendment of Article 670ld. Section 71, Vernon's 

Civil Statutes, requires the driver of a vehicle approaching 

the intersection of a different street or roadway to stop at 

a yield right-of-way sign or to yield at a yield right-of-way 

sign. 

The portion of the amendment relating directly to yield 

right-of-way signs is as follows: 

"Sec. 71. (a) The driver of a vehicle 

approaching the intersection of a different 

street or roadway shall stop, yield and grant 

the privilege of inunediate use of such interstopping, ‘miy only proceed-thereafter when 

such driver may safely enter the intersection 

without interference or collision with traffic 

using suoh different street or roadway." 

(Bmphasis added). 

Sections (b), cc), and (cl) provide that a driver approaching various types of intersections not controlled by traffic 

signs or signals shall ". . .stop,, yield and grant the privilege 

of immediate use. . ." of the intersect&on to vehicles within 

the intersection or approaching in such proximity as to constjtute a hazard and shall proceed only when safe to do so. 

Section (e) of the amendment reads as follows: 

"(e) A driver obligated to stop and yield 

the right-of-way in accord with Sections (a), 

(b) , (c) and (a) of Section 71, who is involved 

in a collision or interference with other traffic at such intersection is presumed not to have 

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Col. Wilson E. Speir, page 2, (M- 474 ) 

yielded the right-of-way as required by this Act." 

(Emphasis added). 

The amendment repeals Article 6701d, Section 73, Vernon's 

Civil Statutes, and Article 827e-1, Section 2 and Section 3, 

Vernon's Penal Code, which provide rules governing right-ofway at intersections. 

The caption of House Bill 84 states that the purpose of 

the amendment is as follows: 

II . . .to arovide for the establishment of 

vehicular right-of-way at all intersections, 

requiring certain drivers to stop, yield and 

grant the right of immediate use of intersections and requiring such drivers not to 

enter such intersection until they may do so 

with safety; to provide for a presumption of 

failure to yield right-of-way in relation to 

intersection collisions. . . .II 

It is necessary to harmonize, if possible, Article 827e-1, 

Section 1, Vernon's Penal Code, which authorizes the use of 

yield right-of-way signs. In view thereof, the amendment, if 

narrowly construed, would place a strained and false meaning 

on the plain and ordinary word yield, as heretofore commonly 

understood. The courts, under the circumstances, must give 

a reasonable construction to the statute and avoid a harsh 

and absurd construction that would result from a literal 

interpretation. We think the Legislature merely consolidated 

the rules governing traffic at intersections and did not intend to repeal Article 827e-1, Section 1. 

The amendment contains the provision that drivers approaching an intersection controlled by traffic signs or signals 

shall stop, yield and grant immediate use of the intersection 

" , . . .in obedience to any stop sign, yield right-of-way sign 

or traffic control device. . . ." A driver acting in obedience 

to a yield right-of-way sign must yield to those ve!&les withTii the intersection or in such proximity thereto as to constitute a hazard and may, depending upon the circumstances, have 

to stop in order to avoid collision or interference with other 

vehicles. A driver approaching an intersection controlled 

by a yield right-of-way sign will not have to yield or stop 

whenever the intersection may be entered safely without danger 

of collision or interference with other vehicles. 

SUMMARY 

The Legislature has retained the yield rightof-way mign for traffic control. A driver ap- 

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COl. Wilson E. Speir, page 3, (M- 474 ) 

proaching an intersection controlled by 

a yield right-of-way sign must yield the 

right-of-way to vehicles within the intersection or in such proximity thereto as to 

constitute a hazard and must stop if circumstances require but need not stop when 

the intersection can be safely entered. 

Very 

/P uly yours, 

Prepared by Roland 

Assistant Attorney 

APPROVED: 

OPINION COMMITTEE 

MARTIN 

AttOrqj!?y General of Texas 

Daniel Green III 

General 

Xerns Taylor, Chairman 

George Xelton, Vice-Chairman 

Harold Kennedy 

Malcolm Quick 

Rob Lattimore 

Alan Minter 

MEADE F. GRIFFIN 

Staff Legal Assistant 

HAWTHORNE PHILLIPS 

Executive Assistant 

NOLA WHITE 

First Assistant 

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