§ 3323. Stop signs and yield signs.
(a) Intersections controlled by signs.--Preferential right-of-way at an intersection may be indicated by stop signs or yield
signs as authorized in section 6124 (relating to erection of traffic-control devices
at intersections).
(b) Duties at stop signs.--Except when directed to proceed by a police officer or appropriately attired persons
authorized to direct, control or regulate traffic, every driver of a vehicle approaching
a stop sign shall stop at a clearly marked stop line or, if no stop line is present,
before entering a crosswalk on the near side of the intersection or, if no crosswalk
is present, then at the point nearest the intersecting roadway where the driver has
a clear view of approaching traffic on the intersecting roadway before entering. If,
after stopping at a crosswalk or clearly marked stop line, a driver does not have
a clear view of approaching traffic, the driver shall after yielding the right-of-way
to any pedestrian in the crosswalk slowly pull forward from the stopped position to
a point where the driver has a clear view of approaching traffic. The driver shall
yield the right-of-way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute a hazard during the time when the driver is moving
across or within the intersection or junction of roadways and enter the intersection
when it is safe to do so.
(c) Duties at yield signs.--The driver of a vehicle approaching a yield sign shall in obedience to the sign slow
down to a speed reasonable for the existing conditions and, if required for safety
to stop, shall stop before entering a crosswalk on the near side of the intersection
or, if none, then at the point nearest the intersecting roadway where the driver has
a view of approaching traffic on the intersecting roadway before entering. After slowing
down or stopping, the driver shall yield the right-of-way to any vehicle in the intersection
or approaching on another roadway so closely as to constitute a hazard during the
time the driver is moving across or within the intersection of roadways. If a driver
is involved in a collision with a vehicle in the intersection or junction of roadways
after driving past a yield sign, the collision shall be deemed prima facie evidence
of failure of the driver to yield the right-of-way.
(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)
1998 Amendment. Act 151 amended subsec. (b).
Cross References. Section 3323 is referred to in sections 1535, 3112, 3114, 3326, 3327 of this title.
Notes of Decisions
Cited in
68
cases (
18 in the last 5 years), 1980–2026 · leading case:
Commonwealth v. Ford, 141 A.3d 547 (Pa. Super. Ct. 2016).
Commonwealth v. Ford, 141 A.3d 547 (Pa. Super. Ct. 2016).
· cites it 4× “: Leon DaTawn Ford appeals from the judgment of sentence of a determination of guilt without further penalty after the court found him guilty of summary violations of 75 Pa.C.S. § 3323, failure to stop at a stop or yield sign, and 75 Pa.”
Commonwealth v. Karash, 175 A.3d 306 (Pa. Super. Ct. 2017).
· cites it 4× “However, Williams is distinguishable, as that case did not interpret 75 Pa.C.S. § 3323. Instead, the statute at issue in Williams was 75 Pa.”
Commonwealth v. Shaw, 770 A.2d 295 (Pa. 2001).
· cites it 2× “§ 3731(a)(1) and (a)(4), and one count of failing to stop at a clearly marked stop line, 75 Pa.C.S. § 3323(b). The investigating officers subsequently obtained the formal written results of Appellant's BAC test through the issuance of a subpoena.”
Commonwealth v. McGarry, 172 A.3d 60 (Pa. Super. Ct. 2017).
“§ 3802(a)(1) and 75 Pa.C.S. § 3323, respectively. . The trial court imposed two consecutive terms of 18 to 36 months’ incarceration on the DUI convictions.”
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
“Appellant was also charged with two counts of aggravated assault by motor vehicle while driving under the influence, 75 Pa.”
Com. v. Demulter, D., 314 A.3d 934 (Pa. Super. Ct. 2024).
· cites it 2× “Concededly, the criminal information contained headings for failure to yield and described that offense, citing only to 75 Pa.C.S. § 3323. The criminal information did not cite § 3323(b), the specific provision relative to stop signs.”
Reinhart v. Commonwealth, Dep't of Transp., 946 A.2d 167 (Pa. Commw. Ct. 2008).
· cites it 2× “§ 3309(1) (relating to driving within roadways laned for traffic); 75 Pa.C.S. § 3323(b) (relating to stop signs and yield signs); 75 Pa.”
Com. v. Fretts, J., 2021 Pa. Super. 198 (Pa. Super. Ct. 2021).
· cites it 2× “” 75 Pa.C.S. § 3323(a), (c). The intersection where the accident occurred was regulated by a traffic light, not a stop sign or a yield sign, and the traffic light was green when Fretts approached the intersection and made his turn.”
Commonwealth v. Kennedy, 868 A.2d 582 (Pa. Super. Ct. 2005).
“§ 1543(b)); and (3) stop signs and yield signs (75 Pa.C.S. § 3323).' At *591 the sentencing hearing on December 11, 2003, the court stated, in pertinent part: [A]t Criminal Complaint 200215693, I’m going to sentence you to a period of incarceration of not less than…”
Commonwealth v. Dixon, 66 A.3d 794 (Pa. Super. Ct. 2013).
“75 Pa.C.S. § 3323. The charges arose from two separate citations: MJ-05003-TR-0016862-2011 (offense date: April 13, 2011) and MJ-05003-TR-0017922-2011 (offense date: May 23, 2011).”
Commonwealth v. Koch, 443 A.2d 1157 (Pa. Super. Ct. 1982).
· cites it 2× “§ 3703, while in the instant case, it was failure to yield at a stop sign, 75 Pa.C.S. § 3323. As stated in Field , in order to establish the underlying offense the Commonwealth must show that the defendant "knew, or should have known, he engaged in the conduct claimed to be in…”
Commonwealth v. Revtai, 532 A.2d 1 (Pa. 1987).
“§ 3731, and a stop sign violation, 75 Pa.C.S. § 3323. On January 6, 1984, appellee filed an Omnibus Pre-Trial Motion, which contained a motion to dismiss alleging a violation of Rule 130.”
— 75 Pa. Cons. Stat. § 3323(a) — 1 case
Com. v. Fretts, J., 2021 Pa. Super. 198 (Pa. Super. Ct. 2021).
“” 75 Pa.C.S. § 3323(a), (c). The intersection where the accident occurred was regulated by a traffic light, not a stop sign or a yield sign, and the traffic light was green when Fretts approached the intersection and made his turn.”
— 75 Pa. Cons. Stat. § 3323(b) — 41 cases
Commonwealth v. Shaw, 770 A.2d 295 (Pa. 2001).
“§ 3731(a)(1) and (a)(4), and one count of failing to stop at a clearly marked stop line, 75 Pa.C.S. § 3323(b). The investigating officers subsequently obtained the formal written results of Appellant's BAC test through the issuance of a subpoena.”
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
“Appellant was also charged with two counts of aggravated assault by motor vehicle while driving under the influence, 75 Pa.”
Commonwealth v. Karash, 175 A.3d 306 (Pa. Super. Ct. 2017).
“However, Williams is distinguishable, as that case did not interpret 75 Pa.C.S. § 3323. Instead, the statute at issue in Williams was 75 Pa.”
Reinhart v. Commonwealth, Dep't of Transp., 946 A.2d 167 (Pa. Commw. Ct. 2008).
“§ 3309(1) (relating to driving within roadways laned for traffic); 75 Pa.C.S. § 3323(b) (relating to stop signs and yield signs); 75 Pa.”
— 75 Pa. Cons. Stat. § 3323(c) — 3 cases
Commonwealth v. Ford, 141 A.3d 547 (Pa. Super. Ct. 2016).
“: Leon DaTawn Ford appeals from the judgment of sentence of a determination of guilt without further penalty after the court found him guilty of summary violations of 75 Pa.C.S. § 3323, failure to stop at a stop or yield sign, and 75 Pa.”
Com. v. Fretts, J., 2021 Pa. Super. 198 (Pa. Super. Ct. 2021).
“” 75 Pa.C.S. § 3323(a), (c). The intersection where the accident occurred was regulated by a traffic light, not a stop sign or a yield sign, and the traffic light was green when Fretts approached the intersection and made his turn.”
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