Careless Driving

Careless driving is open to interpretation and can include various types of behaviour. A motorcyclist driving on the shoulder or weaving in and out of traffic or a motorist failing to yield the right of way at a crosswalk can face a careless driving charge. If your focus is distracted by such things as putting on makeup or eating or drinking while operating a vehicle you can be fined. Police can se their discretion to lay a charge if they believe you were not considering road conditions, not paying attention to other motorists or pedestrians or if you committed a driving infraction such as tailgating. You do not have to get into an accident to be charged. If you show disregard for others on the road you could face a hefty fine or even jail time.

Careless driving is a provincial traffic offence, not a Criminal Code offence. A conviction does not give you a criminal record. Every province and territory regulates careless driving under its own highway or traffic legislation, and the exact wording varies, but the standard is broadly the same across Canada: the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you drove without due care and attention, or without reasonable consideration for other persons using the road.

Because careless driving is a strict-liability offence, the Crown does not have to prove that you intended to drive badly. The test is objective: did your driving fall below the standard of a careful, prudent driver in the same circumstances? You can defend against the charge by showing that your conduct met that standard, or that you exercised all reasonable care given the situation.

Careless driving is usually a provincial traffic offence. Penalties can include fines, demerit points, licence consequences, or other sanctions depending on the province and the seriousness of the driving. Because the rules and amounts are set by each province and territory, they vary from place to place.

These are not Criminal Code offences. Penalties vary by province, territory, municipality, and sometimes by bylaw or set-fine schedule.

Careless driving is a provincial traffic offence. In Ontario, s. 130 of the Highway Traffic Act sets a fine of $400 to $2,000, imprisonment for up to six months, or both, plus a licence suspension of up to two years (s. 130(2)); where the careless driving causes bodily harm or death, the fine is $2,000 to $50,000, imprisonment for up to two years, and a suspension of up to five years (s. 130(4)). In Alberta it is “driving carelessly” under s. 115(2)(b) of the Traffic Safety Act (penalties flow through the province's provincial-offences framework); in British Columbia it is driving without due care and attention under s. 144 of the Motor Vehicle Act, which carries a minimum fine of $100.

A more serious pattern of driving can be charged federally as dangerous operation — see the Dangerous Driving page.