Think an intersection without paint isn’t a crosswalk? In BC it often is. Learn how to yield at uncontrolled intersections and keep pedestrians and cyclists safe.
Uncontrolled intersections—those with no traffic lights or stop signs—are common in residential and low-traffic areas. Despite the lack of traffic controls, drivers in British Columbia still have clear legal obligations at these intersections. This is especially true when it comes to yielding to pedestrians and cyclists, even if there are no painted crosswalk lines. In this post, we break down the right-of-way rules under current BC law for these situations, with a focus on what drivers must do to keep everyone safe.
Even without painted lines, the area at an intersection is an unmarked crosswalk. Under BC law, this means pedestrians have the right-of-way here[1].
Understanding Uncontrolled Intersections and Unmarked Crosswalks
By definition, an uncontrolled intersection has no traffic lights, stop signs, or yield signs. Many drivers mistakenly assume that if there’s no marked crosswalk, pedestrians don’t have the right-of-way. In reality, BC’s Motor Vehicle Act (MVA) defines a crosswalk to include the unmarked extension of the sidewalk lines at an intersection[1] In other words, every intersection is a crosswalk, whether lines are painted or not. This is crucial: a pedestrian crossing the road at an intersection is in a crosswalk, even if you don’t see white paint on the asphalt.
Because of this definition, the law gives pedestrians priority at virtually all intersections. Unfortunately, many drivers do not realize this. In fact, legal experts note that “most drivers do not know that a pedestrian has the right of way to cross at an uncontrolled intersection, whether there is a marked crosswalk or not”[2]. Let’s clarify what the law requires of drivers when pedestrians or cyclists are present.
Right-of-Way for Pedestrians at Uncontrolled Intersections
Yield to pedestrians: Section 179(1) of BC’s Motor Vehicle Act requires that “the driver of a vehicle must yield the right of way to a pedestrian” who is crossing at an intersection crosswalk where no traffic signals are in place[3]. This rule applies at unmarked crosswalks (uncontrolled intersections) just as it does at marked crosswalks. Practically speaking, if you see a pedestrian waiting to cross or stepping out at an intersection you’re approaching, you must slow down and be prepared to stop. The law says drivers must yield if the pedestrian is on your half of the road, or approaching close enough from the other side to be in danger[3]. Failing to yield in this situation is not only dangerous – it’s illegal (with a $167 fine and 3 demerit points)[4].
Pedestrians’ responsibilities: The law also sets expectations for pedestrians. A pedestrian cannot suddenly step off the curb into the path of a vehicle that is too close to stop in time[5]. In other words, pedestrians must not jaywalk directly in front of a car and assume it will stop. Section 179(2) MVA prohibits stepping into traffic when it’s impracticable for the driver to yield[5]. So while pedestrians do have right-of-way in unmarked crosswalks, they must exercise caution and cross only when it’s safe. If a pedestrian crosses outside of an intersection (i.e. not at a crosswalk), they legally must yield to vehicles (per Section 180)[6]. However, as a driver you should still slow down, watch, and be prepared to stop – the MVA imposes a general duty on drivers to avoid colliding with any pedestrian on the road[7].
No passing stopped cars: Importantly, if another vehicle has stopped to let a pedestrian cross, do not overtake or pass that vehicle. BC law explicitly forbids passing a vehicle that is stopped at an intersection/crosswalk to allow a pedestrian to cross[8]. Tragically, many pedestrian injuries occur when one car stops but a second driver goes around and hits the crossing person. For this reason, stay alert: if you see a car stopped at an intersection for no obvious reason, they might be yielding to a pedestrian you haven’t noticed.
Safety first: At any uncontrolled intersection, approach with the mindset that a pedestrian could be entering the road. Slow down and scan the sidewalks and road edges. BC’s courts have stressed that drivers must exercise due care and anticipate pedestrians, especially in residential areas[9]. In fact, the law (Section 181) requires drivers to “exercise due care to avoid colliding with a pedestrian”, which includes sounding the horn if necessary and being extra cautious around children or others who may be less attentive[7]. Some drivers get impatient or even angry when seeing pedestrians cross where there’s no painted crosswalk, wrongly shouting “jaywalker!” or honking. Don’t be that driver. The pedestrian does have the right-of-way in these cases[10]. As one safety advocate put it, approach every intersection with “caution and humility, knowing your car can kill.”[11]
Right-of-Way for Cyclists at Uncontrolled Intersections
Cyclists on the road are considered “vehicles” under BC law. The Motor Vehicle Act states that a person operating a bicycle on a highway has the same rights and duties as a driver of a motor vehicle[12]. This means that when you encounter a cyclist at an uncontrolled intersection, you should treat them as you would any other vehicle in terms of right-of-way.
Yield as you would to a car: The general rule at an uncontrolled intersection (no signs or signals) is that you yield to any vehicle approaching from your right[13]. This applies equally if that “vehicle” is a bicycle. For example, if you arrive at an intersection at the same time as a cyclist coming from your right, you must yield to the cyclist[14]. Likewise, if you’re turning left, yield to oncoming bikes (just as you would yield to an oncoming car before left-turning). Essentially, first-come-first-served applies, and if in doubt, yield to the other party. Remember that a bicycle may be smaller than a car, but in the eyes of the law it has equal right to the road.
Scanning for bikes: Safe driving at intersections means actively checking for cyclists. Bicycles can approach faster than pedestrians and might be harder to spot, so look down cross streets and behind (shoulder check) for any approaching bikes. Before you enter an uncontrolled intersection, ensure no cyclists are already in it or coming immediately from your right. If a cyclist is already crossing or has arrived first, let them go first. Failing to yield to a cyclist when required can result in the same penalties as failing to yield to any other vehicle. For instance, not yielding to a vehicle (or bike) with right-of-way at an uncontrolled junction can lead to a $167 fine under Section 173[15] – not to mention the risk of a serious crash.
Cyclists in crosswalks: Note that cyclists are not permitted to ride within a crosswalk to cross the road, unless a local bylaw allows it[16]. They are expected to dismount and walk across as pedestrians if using a crosswalk. As a driver, this means you typically won’t have a cyclist legally riding directly from a sidewalk into an intersection; however, be aware that some cyclists might do so anyway. If you see a cyclist transitioning to a crosswalk or coming off a sidewalk, yield to them to avoid a collision – even if they technically should not be riding there. Your legal duty to exercise due care (and basic common sense for safety) means you should avoid hitting a cyclist at all costs. After all, in any car-vs-bicycle encounter, the cyclist is the vulnerable party.
Safe Driving Practices at Uncontrolled Intersections
To summarize your obligations and best practices as a driver, here are some key tips for approaching uncontrolled intersections with no marked crosswalks:
- Slow down and cover the brake: Since there are no traffic lights or stop signs, drive at a prudent speed that would allow you to stop if someone enters the intersection suddenly. Expect the unexpected.
- Scan for pedestrians: Well before the intersection, look at the sidewalks and road edges. If you see anyone on foot near the corner, be prepared that they may cross. Legally, if they step out, you must yield[3]. Make eye contact if possible and be ready to stop.
- Look for cyclists: Check cross-streets for approaching bikes. A cyclist might be moving faster than a pedestrian, so a quick glance might not be enough – actively search left and right for any bicycle traffic. Remember, cyclists have the same right-of-way as other vehicles[12].
- Yield to the right: If another vehicle or cyclist reaches the intersection at roughly the same time as you from your right-hand side, let them go first[14]. Conversely, if you have the right-of-way, proceed carefully and make sure the other party is yielding to you. Never assume; when in doubt, yield.
- Never pass a stopped vehicle at an intersection: If a car in front of you stops at an intersection, do not overtake it. They could be stopping for a pedestrian you didn’t see. Passing them could mean driving straight into a crossing pedestrian[8] – a situation that carries heavy legal penalties and potential tragedy.
- Use your horn if needed: The law actually encourages a warning honk if a pedestrian is in danger (for example, someone stepping out without seeing you)[7]. A brief tap of the horn can alert pedestrians or cyclists of your approach if visibility is poor.
- Be patient and courteous: Understand that pedestrians have a legal right to cross, and cyclists have a right to share the road. Even if you’re in a hurry, safety comes first. Aggressive behavior – like honking, revving, or pressuring people to hurry – is not only uncourteous, it can lead to mistakes and accidents. By law, drivers must show reasonable consideration for others on the road.
Remember: In BC, yielding at uncontrolled intersections isn’t optional; it’s the law. These rules exist to protect vulnerable road users. By following the Motor Vehicle Act and exercising caution, you’ll help prevent collisions and make our roads safer for everyone. Every intersection, marked or unmarked, should be approached with the mindset that a pedestrian or cyclist could be present. As a driver, your legal duty is to watch for them and yield as required[11]. By doing so, you uphold the law and contribute to a safer community for all road users.
Sources:
[1] When do pedestrians have the right of way? | People's Law https://www.peopleslawschool.ca/pedestrian-rights/
[2] Don’t be frustrated at the driver who stops for the pedestrian https://www.leaguelaw.com/posts/dont-frustrated-driver-stops-pedestrian-cross/
[3] [5] [6] [7] [8] [12] [13] [16] [17] [18] Motor Vehicle Act https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_05
[4] [15] Fines and points for B.C. traffic offences https://www.icbc.com/driver-licensing/tickets/fines-points-offences
[9] [10] [11] Crosswalk, or Not? That is the Question - League and Williams Lawyers https://www.leaguelaw.com/posts/crosswalk-not-question/
[14] Two vehicles arrive at an uncontrolled intersection at the same time https://www.icbc.com/claims/crash-responsibility-fault/crash-examples/uncontrolled-intersection-vehicles-arrive-same-time