Mass. Gen. Laws » Part I Title XIV Chapter 89
Massachusetts General Laws

Mass. Gen. Laws ch. 89, § 8 (2026)

Right-of-way at intersecting ways; turning on red signals

✓ current as of July 2026
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Section 8. When two vehicles approach or enter an intersection of any ways, as defined in section one of chapter ninety, at approximately the same instant, the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right. Any operator intending to turn left, in an intersection, across the path or lane of vehicles approaching from the opposite direction shall, before turning, yield the right-of-way until such time as the left turn can be made with reasonable safety. Any operator of a vehicle entering a rotary intersection shall yield the right-of-way to any vehicle already in the intersection. The foregoing provisions of this section shall not apply when an operator is otherwise directed by a police officer, or by a traffic regulating sign, device or signal lawfully erected and maintained in accordance with the provisions of section two of chapter eighty-five and, where so required with the written approval of the department of highways and while such approval is in effect.

At any intersection on ways, as defined in section one of chapter ninety, in which vehicular traffic is facing a steady red indication in a traffic control signal, the driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk or the near side of the intersections or, if none, then at the entrance to the intersection in obedience to such red or stop signal, may make either (1) a right turn or (2) if on a one-way street may make a left turn to another one-way street, but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at said intersection, except that a city or town, subject to section two of chapter eighty-five, by rules, orders, ordinances, or by-laws, and the department of highways on state highways or on ways at their intersections with a state highway, may prohibit any such turns against a red or stop signal at any such intersection, and such prohibition shall be effective when a sign is erected at such intersection giving notice thereof. Any person who violates the provisions of this paragraph shall be punished by a fine of not less than thirty-five dollars.

Notes of Decisions
Cited in 50 cases (2 in the last 5 years), 1923–2024 · leading case: Merisme v. Bd. of Appeals on Motor Veh. Liab. Policies & Bonds, 539 N.E.2d 1052 (Mass. App. Ct. 1989).
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Merisme v. Bd. of Appeals on Motor Veh. Liab. Policies & Bonds, 539 N.E.2d 1052 (Mass. App. Ct. 1989). · cites it 2× “This provision substantially tracks the language of G. L. c. 89, § 8, as amended through St. 1986, c.”
United States v. Fernandez, 578 F. Supp. 2d 243 (D. Mass. 2008). · cites it 6× “Officer Pistolese activated his overhead lights and siren and initiated a traffic stop for failure to yield, an alleged violation of M.G.L. c. 89, § 8. After the red Dodge stopped, Officer Pistolese remained seated in his cruiser about 20 to 25 feet behind the Dodge for a short…”
Commonwealth v. Young, 905 N.E.2d 90 (Mass. 2009). “94C, § 32A (a); (5) failure to yield at an intersection, see G. L. c. 89, § 8; (6) failure to wear a seat belt, see G.”
Freyermuth v. Lutfy, 382 N.E.2d 1059 (Mass. 1978). “The rule of right of way at intersections is set forth in G. L. c. 89, § 8. 2 The clear inference from the testimony *616 is that Mrs.”
Fournier v. Zinn, 154 N.E. 268 (Mass. 1926). · cites it 2× “90, § 1), to grant the right of way at the “point of intersection” to vehicles approaching from his right, provided that such vehicles are arriving at the “point of intersection” at approximately the same instant.”
Mari v. Delong, 814 N.E.2d 1171 (Mass. App. Ct. 2004). · cites it 7× “” The judge’s instruction, according to the plaintiff, is inconsistent with G. L. c. 89, § 8, which governs which driver has the right of way in an intersection not controlled by a stop sign, a flashing red signal indication, or a yield sign, 3 and G.”
Commonwealth v. Mullen, 664 N.E.2d 854 (Mass. App. Ct. 1996). · cites it 3× “It is not necessary to reach the issue framed by the parties. Harrington stopped the defendant for failure to yield at an intersection, a civil motor vehicle infraction punishable only by a thirty-five dollar fine.”
Commonwealth v. Pentz, 143 N.E. 322 (Mass. 1924). “Moreover, the defendant testified that when he first saw the team the rear wheels were on the car tracks and the team was eighteen to twenty feet away from him.”
Maccarone v. Phillips, 1986 Mass. App. Div. 17 (Mass. Dist. Ct., App. Div. 1986). · cites it 2× “The plaintiff filed two requests for rulings of law pertaining to G. L. c. 89, §8 and a motorist’s right of way at an intersection.”
Commonwealth v. Williams, 903 N.E.2d 222 (Mass. App. Ct. 2009). “90, § 24[2][a]), and a civil motor vehicle infraction for failure to yield at an intersection (G. L. c. 89, § 8). The parties’ claims essentially question whether the trial judge could lawfully find the defendant guilty of misdemeanor motor vehicle homicide by negligent…”
Brown v. Robinson, 175 N.E. 269 (Mass. 1931). “The trial judge found that the plaintiff had entered the area forming the intersection of two streets before the defendant reached it, and was therefore entitled to the right of way under G. L. c. 89, § 8, as amended by St. 1928, c.”
Commonwealth v. Curley, 935 N.E.2d 772 (Mass. App. Ct. 2010). “He was also found responsible for a civil motor vehicle infraction of failure to stop or yield, G. L. c. 89, § 8; this infraction was placed on file.”
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