Is Careless Driving A Criminal Offence
Section 130 of the Highway Traffic Act
Careless driving falls under the Highway Traffic Act in Ontario, but is careless driving a criminal charge? There are various driving offences that are criminal charges, these include dangerous operation, operation while impaired, and operation causing death, but careless driving is not a criminal offence, it does not result in a criminal record.
About Careless Driving
As an offence under the Highway Traffic Act, it is a regulatory offence, these are quite often called Provincial Offences, and are quasi-criminal. A regulatory offence is an offence that does not fall under criminal law, but still has punishments that are similar to criminal offences. This is why they are quasi-criminal.
Careless driving, however, has a criminal code counterpart in dangerous operation. Dangerous operation is very similar, in fact looking at the wording, from a legal standpoint, they are almost identical:
Dangerous Operation:
320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
Careless Driving:
130 (1) Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.
To explain, the definition looks different in terms of wording, but legally speaking, the definition is very similar. Both of these have to do with a driver driving without due care and consideration. Without due care and consideration would be both dangerous and careless.
Additionally, the more serious charges of operation causing bodily harm and operation causing death, are similar to that of careless driving causing bodily harm.
Careless driving causing bodily harm or death
(3) Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and who thereby causes bodily harm or death to any person.
Operation causing bodily harm
(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
Operation causing death
(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.
In this case, the additional requirement for a charge is in bodily harm or death. While careless driving includes both, they are a separate charge for criminal matters.
So is Careless Driving a Criminal Offence?
To answer the question is careless driving a criminal offence, the answer is no, and it does not result in a criminal record. However, it is possible for you to be charged with dangerous operation instead of careless driving, which then becomes a criminal offence. Add to that any other aggravating factors, such as death or bodily harm, and it becomes very serious. How serious? You could face imprisonment of up to 14 years. Another article will cover the criminal code offences, and how they could affect your life.
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