Michigan Vehicle Code, section by section › MCL 257.649
Right of way; rules; violation as civil infraction.
In plain terms
At an uncontrolled intersection the driver who arrives second yields, and when two arrive together the driver on the left yields to the right. At a dark or malfunctioning signal every driver stops and yields; at a yield sign the driver slows and yields; at a stop sign the driver stops and yields to traffic that is close enough to be an immediate hazard; merging traffic yields; and a speeding driver forfeits any right of way. Violations are civil infractions.
How this section works in practice
Right of way is where most intersection crashes are decided, and this section supplies the rule for each kind of intersection: uncontrolled, signal out, yield sign, stop sign and merge. The phrase that decides cases is "so closely as to constitute an immediate hazard": a driver who stops at a stop sign and then pulls out in front of a car that was close enough to be a hazard has still failed to yield, and the stop does not save him. Subsection (7) is the rule insurers use against injured drivers: a driver traveling at an unlawful speed forfeits the right of way she would otherwise have had, which is how a speeding through-driver ends up sharing fault with the driver who pulled out. Under Michigan's comparative fault rules that shared fault reduces the recovery, and under MCL 500.3135 a plaintiff who is more than 50 percent at fault recovers no non-economic damages at all. Roundabouts follow the yield-on-entry rule in subsection (6) when the entry is signed with a yield sign, which nearly every Michigan roundabout is. A violation of this section is a moving violation for purposes of section 601d.
Text of MCL 257.649
Sec. 649.
(1) The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle that has entered the intersection from a different highway.
(2) When 2 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 vehicle on the right.
(3) The right of way rules in subsections (1) and (2) are modified at through highways and otherwise as provided in subsection (4) and in this chapter.
(4) The driver of a vehicle approaching an intersection that is controlled by a traffic control signal shall do all of the following, if the signal facing the driver exhibits no colored lights or colored lighted arrows, exhibits a combination of colored lights or colored lighted arrows that fails to clearly indicate the assignment of right of way, or the signals are otherwise malfunctioning:
(a) Stop at a clearly marked stop line, or, if there is no clearly marked stop line, stop before entering the crosswalk on the near side of the intersection, or, if there is no crosswalk, stop before entering the intersection.
(b) Yield the right of way to all vehicles in the intersection or approaching on an intersecting road, if those vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection.
(c) Exercise ordinary care while proceeding through the intersection.
(5) Subsection (4) does not apply to either of the following:
(a) An intersection that is controlled by a traffic control signal that is flashing yellow unless certain events occur, including, but not limited to, activation by an emergency vehicle.
(b) A traffic control signal that is located in a school zone and is flashing yellow only during prescribed periods of time.
(6) The driver of a vehicle approaching a yield sign, in obedience to the sign, shall slow down to a speed reasonable for the existing conditions and shall yield the right of way to a vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver would be moving across or within the intersection. However, if required for safety to stop, the driver shall stop before entering the crosswalk on the near side of the intersection or, if there is not a crosswalk, at a clearly marked stop line; but if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.
(7) The driver of a vehicle traveling at an unlawful speed forfeits a right of way that the driver might otherwise have under this section.
(8) Except when directed to proceed by a police officer, the driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection, or if there is not a crosswalk shall stop at a clearly marked stop line; or if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After having stopped, the driver shall yield the right of way to a vehicle that has entered the intersection from another highway or that is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver would be moving across or within the intersection.
(9) When a vehicle approaches the intersection of a highway from an intersecting highway or street that is intended to be, and is constructed as, a merging highway or street, and is plainly marked at the intersection with appropriate merge signs, the vehicle shall yield right of way to a vehicle so close as to constitute an immediate hazard on the highway about to be entered and shall adjust its speed so as to enable it to merge safely with the through traffic.
(10) A person who violates this section is responsible for a civil infraction.
History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1955, Act 165, Imd. Eff. June 13, 1955 ;-- Am. 1959, Act 234, Eff. Mar. 19, 1960 ;-- Am. 1966, Act 237, Eff. Mar. 10, 1967 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 2018, Act 109, Eff. July 23, 2018
Source: MCL 257.649 at legislature.mi.gov (official text). Text as published in the 2025 edition of the Michigan Compiled Laws; reviewed by Koussan Law on September 19, 2026.
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