Careless or Reckless Driving Ontario Understanding the Difference

In Ontario, rules and regulations have been implemented to ensure that the roads are safe for all road users. These rules include offences such as careless and reckless driving which are both considered infractions of a grave nature. Most people may casually use these words to mean one and the same thing, however, according to Ontario laws, there is a difference in both the definition and the punishment. Careless vs reckless driving Ontario is a concept that every driver should have a proper understanding of so as not to nurse any fears when it comes to responsibly steering the wheel.


The Ontario Highway Traffic Act states that a person commits careless driving if they operate or drive upon a highway a motor vehicle or streetcar, in any manner, without due care of attention or without the reasonable consideration for the other users of the highway. It is a robust definition covering multiple instances of prohibited driving that do not meet the threshold of a disciplined and wise driver. It does not necessarily imply the intention of causing damage but includes inattention and/or lack of caution.


The following is a list of examples of careless driving which include:


  • Using a mobile phone while driving or any other activity that amounts to distracted driving.
  • Not allowing other vehicles right of way where it is supposed to happen.
  • Driving in close proximity to another motor vehicle in front of you (tailgating).
  • Failing to properly check side mirrors and making lane changes in a dangerous manner.
  • Breaking the speed limit slightly without recklessness.
  • Using the vehicle when overworked or when there are other easy distractions eating for instance.

The consequences of a careless driving charge in Ontario may be grave. The consequences may be severe starting from hefty fines of between $400 and $2,000, a prison term of up to six months, and suspension of one’s driver’s licence for a period of up to two years. Moreover, a careless driving ticket results in six demerit points, which results in higher insurance rates and the risk of suspended licenses due to excessive demerit points.


Even though the expression reckless driving is not defined as such under the Ontario Highway Traffic Act, many people presume that it is driving of a more dangerous and risky nature than careless driving. In a legal sense, what may commonly be referred to as reckless driving may also be taken as dangerous driving in accordance with the Criminal Code of Canada or presented as a charge of stunt driving under the HTA.


According to the Criminal Code, Dangerous Driving refers to driving a vehicle dangerously given all attendant circumstances of the time and place where the vehicle is being driven, and of the traffic existing at such time and place. Such a charge usually denotes purposive or wanton behavior unconcerned with the wellbeing of others.


Actions worth being sanctioned for dangerous driving include the following:


  • Engaging in drag racing
  • Operating a motor vehicle at very high speeds past the allowed limit.
  • Driving even when drunk thus compromising safety.
  • Driving with aggression which puts other road users at a clear risk.
  • A willful no relevance to ethics of aggression towards other users rule avoidance policy.

The punishment for dangerous driving is much more draconian than that meted out for careless driving; it is because it constitutes a criminal act. Although the penalties are generally lower, offenders will nonetheless receive a criminal record and can expect significant fines as well as many years of imprisonment or having the driver’s license suspended for many years.


Stunt driving is another serious offence fit under the Highway Traffic Act. Stunt driving involves actions like driving in the speed limit of 80 km/h or higher at 50 km/h or higher above the speed limit or driving any speed above 40 km/h in the areas with limits below 80 km/h and to some specific maneuvers. There are fines for stunt driving, excess over the fine, and even jail time may be imposed in addition to the fourth suspended license effects.


Indeed, when performing a comparison of offensive strategies like Careless vs reckless driving Ontario, it is crucial to note that careless driving is considered under the Highway Traffic Act as a Provincial offence which deals with the aspect of care and attention. Behaviors casually referred to as reckless driving are most likely to be dealt with by the Criminal Code as dangerous driving or the Highway Traffic Act as stunt driving with both severe harsh penalties, and a high degree of intent or bad behavior being inferred. As such, every driver in Ontario is expected to practice caution and operate their vehicles, taking into consideration the safety of each and every person within and without the car. These differences can help encourage safer driving behaviors, as well as an understanding of the potential legal ramifications of misbehaving, while at the wheel.


author

Chris Bates

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