Careless Driving Under the Highway Traffic Act

Careless driving is a serious traffic offence under the Highway Traffic Act in Ontario and includes a range of different behaviours that compromise the safety of drivers, passengers, and pedestrians. When charged or receiving a ticket for careless driving, this can mean many things under this broad ‘umbrella’ charge, but in all cases, the circumstances and driving was generally seen as a danger to the public. The legal consequences can vary depending on every unique situation, but they may include fines, demerit points, license suspension, and even jail time.

The Definition of Careless Driving

In Ontario, under Section 130 of the Highway Traffic Act, careless driving is described as operating a vehicle “without due care and attention or without reasonable consideration for other persons using the highway.” 

• Without due care and attention: Suggests a lapse in focus or failure to abide by driving standards. For example, actions like distracted driving or ignoring traffic signals fall under this category.
• Without reasonable consideration: Implies a disregard for the safety of others, such as aggressive driving or failing to yield to pedestrians.

Legal Consequences under the Highway Traffic Act

The penalties for careless driving under the HTA can be severe:

• Fines: The HTA imposes fines ranging from $400 to $2,000 for a conviction of careless driving.
• Demerit Points: Six demerit points are added to your driving record, which can impact your insurance rates and driving privileges.
• License Suspension: The HTA allows for a driver’s license to be suspended for up to two years for this offence.
• Jail Time: In more serious cases, the HTA permits a jail sentence of up to six months for careless driving.

Careless Driving vs. Other HTA Offences

The Highway Traffic Act includes many traffic offences, but careless driving is particularly notable because of its broad definition and serious penalties. Unlike more specific offences, such as stunt driving or speeding, careless driving covers a wide range of behaviors that endanger others on the road. The key difference is that careless driving focuses on the manner in which the vehicle is operated, rather than a specific act or violation.

Have you received a Careless Driving ticket?

If you’re facing a careless driving charge under the Highway Traffic Act, don’t take this on alone. Contact OTD Legal today for a free consultation and let our experienced team guide you through the legal process, protect your driving record, and advocate for your best interests.