## THEATTOIENEY GENERAL OFTEXAS
AUSTIN. **TEXAS** %3711 **CRAWWORD ‘** **T. MARTIN**  A-rrOPNIFYa-AI. September 17, 1969
Col. Wilson E. Speir Opinion No. M- 474 Director Texas Department of Public Safety RE: House Bill 84, Acts 5805North 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 intersectionof 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 relatingdirectly to yield right-of-way **signs is**  as follows:

"Sec. 71. (a) The driver of a vehicle approaching the intersectionof a different street or roadway shall stop,yield and grant the privilege of inunediate use of such interstopping,‘miy only proceed-thereafterwhen such driver may safely **enter** the intersection without interference **or** collisionwith traffic using suoh different street or roadway." (Bmphasisadded). Sections (b), cc),and (cl) provide that a **driver** approachingvarious types of intersectionsnot controlled by traffic signs or signals shall ". . .stop,, yield and grant the privilege of immediateuse. . ."of the intersect&on to vehicles within the intersectionor 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 interferencewith other traffic at such intersection is presumed not to **have**

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yielded the right-of-way as required by thisAct." (Emphasisadded). 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

. . .toarovide for the establishment **of** vehicular right-of-way at all intersections, requiring certain drivers to stop,yield and grant the right of immediateuse of intersections and requiring such drivers not to enter such intersectionuntil 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, ifpossible,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 falsemeaning on the plain and ordinaryword 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 Legislaturemerely consolidated the rules governing traffic at intersectionsand did not intend to repealArticle 827e-1, Section 1. The amendment contains the provision that drivers approaching an intersectioncontrolledby traffic signs or signals shall stop,yield and grant immediateuse of the intersection " , . . .inobedience to any stop sign, yield right-of-way sign or traffic control device.
. . ." A driver acting in obedience to a yield right-of-way signmust yield to thoseve!&les withTiithe intersectionor in suchproximity thereto as to constitute a hazard and may, depending upon the circumstances,have to stop in order to avoid collision or interferencewith other vehicles. A driver approaching an intersectioncontrolled by a yield right-of-way sign will not have to yield **or** stop whenever the intersection may be entered safelywithout danger of collision or interferencewith other vehicles. SUMMARY The Legislature has retained the yield right**of-way** mign for traffic **control.** A driver ap-

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

proaching an intersectioncontrolledby a yield right-of-way signmust yield the right-of-way to vehicles within the intersection or in suchproximity thereto as to constitute a hazard and must stop if circumstances require but need not stop when the intersectioncan 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 ExecutiveAssistant NOLA WHITE First Assistant

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