Q&A - Clearing the Intersection on Left Turns

I’m hoping to get a clear answer to a question I’ve always had about clearing the intersection on a yellow light. It seems to me that you could easily get a ticket for proceeding yet just as easily get found at fault for not proceeding.

Here are the details:

• controlled intersection with traffic lights
• may or may not have left turn slots, either apply
• crosswalks may be painted, stop lines are definitely painted
• drivers wishing to turn left legally enter the intersection on a green light
• the light changes to yellow, then red
• typically straightforward, once it is safe to do so drivers already in the intersection waiting to turn left proceed (seems to work fine 99% of the time, typically one or two cars have entered part of the intersection and proceed on yellow turning to red)

However, here’s the 1% where I see a grey area (ok, maybe more than 1%)

• you are turning left and have entered past the painted stop line and/or are blocking the crosswalk on a green light, the light changes to yellow then red
• you are not actually blocking any of the lane for crossing traffic nearest to you but are clearly well past the stop line and/or blocking a crosswalk

Scenario 1

You proceed as soon as it is safe to do so, typically on a yellow light, thus clearing the intersection

Is this correct? Legal? What if you are the 3rd car to proceed on yellow? What if you proceed on red due to a car in front of you hesitating to also clear the intersection or because oncoming traffics runs through late?

I suspect you could get a ticket for running a red light and would be advised you should have waited for the next light

Scenario 2

You decide to be more cautious and safe, you do not proceed and choose to wait for the next light

• you are in the same place as scenario 1, you are not blocking crossing traffic but are clearly past the stop line and/or blocking a crosswalk
• you wait, the light for you changes to next green cycle, you proceed with your left turn when safe

All good, right? Not so fast……

In scenario 2, a pedestrian crossing has to walk around your car to get past and gets hit by crossing traffic, you are ticketed for blocking the intersection or failing to clear it

ICBC finds you 100% or at least 50% at fault, you lose (not to mention potential further litigation)

You may or may not get ticketed but my experience is that either way, ICBC will find enough fault for it to be a claim (yes, the love 50/50 blame and yes, I’m not an ICBC fan)

In a similar scenario 2 situation, a car crossing from your right hits you while attempting to turn left around you (remember, you are protruding into the intersection but not into the near crossing lane)

Similarly, ICBC finds you 100% or at least 50% at fault, you lose (not to mention potential further litigation)

So the question is do you proceed as in scenario 1 and risk a ticket or do you stop as in scenario 2 and risk being found at fault for not clearing the intersection?

I found this picture to help clarify.

In my scenario 2 (see original email further below) you are the yellow car at the top of the diagram and plan to turn left. You entered the intersection to where shown on a green light.

You end up in the same spot after the light changed red due to others in front of you also turning left who hesitated before clearing the intersection on the yellow light.

Assume you actually are even a bit further and are blocking the entire crosswalk BUT not past it.

I have driven in BC in all areas, in all conditions, for over 40 years. Terrace, Cranbrook, Ft. St. John, Victoria and just about everywhere in between.

I’ve had my share of ICBC “rulings” and can easily see this being a case of damned if you do, damned if you don’t.

Appreciate any comments you have and any details on what rules apply.

Definition of Intersection

To start, and crucial to the answer, is the legal definition of the word intersection:

"intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of the 2 highways that join one another at or approximately at right angles, or the area within which vehicles travelling on different highways joining at any other angle may come in conflict;

Are You In The Intersection?

In your image, the gray car is the only vehicle that is actually in the intersection. Your yellow car has not yet entered it. In fact, depending on the circumstances, the driver may have stopped illegally.

When vehicle stopping prohibited

189 (1) Except when necessary to avoid conflict with traffic or to comply with the law or the directions of a peace officer or traffic control device, a person must not stop, stand or park a vehicle as follows:

(e) on a crosswalk;

To properly prepare for the left turn here, your yellow car should be sitting sitting further into the intersection, similar to the gray car.

Yielding for Left Turns

Now, properly engaged in the intersection, there is an onus to yield, which applies to both the left turn driver and the oncoming driver which I discuss in Yielding on Left Turns.

If you are still waiting within the intersection when the light turns red you may complete your turn when safe to do so and drivers and cyclists must let you do that.

Clearing the Intersection

Green light

127 (1) When a green light alone is exhibited at an intersection by a traffic control signal,

(a) the driver of a vehicle facing the green light 

(iii) must yield the right of way to vehicles lawfully in the intersection at the time the green light became exhibited, and

Complicating matters are the requirements to yield to pedestrians:

127 (1) When a green light alone is exhibited at an intersection by a traffic control signal,

(b) a pedestrian facing the green light may proceed across the roadway in a marked or unmarked crosswalk, subject to special pedestrian traffic control signals directing him or her otherwise, and has the right of way for that purpose over all vehicles.

Pedestrian controls

132 (1) When the word "walk" or an outline of a walking person is exhibited at an intersection by a pedestrian traffic control signal, a pedestrian may proceed across the roadway in the direction of the signal in a marked or unmarked crosswalk and has the right of way over all vehicles in the intersection or any adjacent crosswalk.

So, you could be sitting in the intersection for quite some time facing a red light and many drivers could find themselves having to stay outside of the intersection while facing a green light.

Entering on Yellow or Red Signal

Finally, with regard to your yellow vehicle patiently waiting as shown in your diagram, if the traffic signal changes to yellow or red, the driver has no right to enter the intersection and will commit an offence if they do.

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