What Is Careless Driving in Ontario?

Section 130 of Ontario's Highway Traffic Act defines careless driving as operating a vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway. It is a broad, catch-all provision that covers a wide range of unsafe driving behaviours that do not meet the criminal threshold of dangerous driving.

A careless driving conviction in Ontario results in a fine of $400 to $2,000 and six demerit points added to your driving record. The conviction also appears on your driving abstract, which can significantly increase your auto insurance premiums. A licence suspension of up to two years is also possible at the judge's discretion.

If careless driving results in bodily harm to another person, the penalties escalate substantially. A conviction can result in jail time of up to two years, a fine of up to $50,000, and a licence suspension of up to five years. If the careless driving causes death, the same potential penalties apply. These cases are treated very seriously by Ontario courts.

Careless driving charges are often issued after a collision where the cause was inattention or a failure of basic driving judgment. Common triggers include rear-end collisions, running stop signs or red lights, following too closely, distracted driving, and failing to yield. Officers may also charge a driver with careless driving if the circumstances warrant it even without a collision.

Careless driving is a provincial offence under the Highway Traffic Act. Dangerous driving is a federal criminal offence under the Criminal Code of Canada and carries far more severe consequences including a criminal record. The threshold for dangerous driving is higher: the driving must represent a marked departure from what a reasonable person would do in the circumstances.