Careless Driving

Under the Ontario Highway Traffic Act, careless driving is a serious offense that is defined and penalized to promote safe driving behavior on the roads. Here are the key points regarding careless driving in Ontario:

Definition:

According to Section 130 of the Ontario Highway Traffic Act:

"Every person is guilty of the offence of driving carelessly who drives a vehicle or streetcar on a highway without due care and attention or without reasonable consideration for other persons using the highway."

This means that if a driver operates a vehicle in a way that endangers others or fails to show reasonable care, they can be charged with careless driving. The standard is one of reasonableness—what a reasonable driver would do under the same circumstances.

Examples of Careless Driving:

• Tailgating or following another vehicle too closely.

• Failing to yield the right of way.

• Speeding excessively or driving too fast for road conditions.

• Distracted driving, such as using a mobile phone while driving.

• Running red lights or stop signs.

• Aggressive driving behaviors, such as weaving in and out of traffic.

• Failing to signal when turning or changing lanes.

Penalties:

Careless driving is a serious offense and can result in significant penalties, including:

1. Fines:

   • The fine for careless driving in Ontario ranges from $400 to $2,000.

2. Demerit Points:

   • A conviction for careless driving results in the addition of 6 demerit points to the driver's record.

3. Driver’s License Suspension:

   • Upon conviction, the court may suspend the driver’s license for a period of up to 2 years.

4. Jail Time:

   • In severe cases, especially if the careless driving resulted in serious injury or death, the driver may be sentenced to up to 6 months in jail.

5. Insurance Consequences:

   • A careless driving conviction will typically lead to significantly higher insurance premiums, as it is considered a major offense.

6. Criminal Charges:

   • In the most serious cases, such as those involving injury or death, a driver may also face criminal charges, such as dangerous driving or criminal negligence.

Careless Driving Causing Bodily Harm or Death:

In 2018, the Ontario Highway Traffic Act was amended to include a more severe offense for careless driving causing bodily harm or death. The penalties for this offense are much harsher:

• Fines ranging from $2,000 to $50,000.

• Jail time of up to 2 years.

• License suspension for up to 5 years.

• Six demerit points.

Legal Defense:

Because of the seriousness of a careless driving charge, drivers often seek legal counsel to defend against the charge. A defense might argue that the driver was not driving without due care or that the circumstances did not meet the legal threshold for "careless driving."

Careless driving is one of the most significant traffic offenses under the Ontario Highway Traffic Act, reflecting the importance of maintaining safety and responsibility on the roads.