Ontario · Highway Traffic Act, s.130 (Ontario)
Careless Driving in Ontario
A Highway Traffic Act s.130 charge that can bring 6 demerit points, a fine of up to $2,000 and a court-ordered licence suspension. A conviction is provincial, not criminal.
Tell us what you're facing.
What is careless driving?
Under s.130(1) of the Highway Traffic Act, careless driving is driving on a highway or in a specified place "without due care and attention or without reasonable consideration for other persons using the highway or specified place." It's a broad, discretion-heavy charge — often laid after a collision or near-miss.
There are two tiers. The base offence is under s.130(1), with the penalties in s.130(2). A conviction is not a criminal one — see whether careless driving gives you a criminal record for which record a conviction actually appears on. If the driving is alleged to have caused bodily harm or death, s.130(3) applies — with dramatically higher penalties, up to and including two years of imprisonment.
Penalties
| Tier | Fine | Demerit points | Licence suspension | Jail | Procedure |
|---|---|---|---|---|---|
| Careless Driving — s.130(2) | $400 – $2,000 ($1,000 cap if laid by Part I ticket or summons, POA s.12(1)) | 6 points | Up to 2 years | Up to 6 months (none if laid under Part I) | Part I ticket or Part III summons |
| Careless Driving Causing Bodily Harm or Death — s.130(3), penalties in s.130(4) | $2,000 – $50,000 | 6 points | Up to 5 years | Up to 2 years | Part III summons |
Insurance impact
Auto insurers can take a careless driving conviction into account when setting premiums; how, and for how long, depends on the insurer.
Licence & record impact
A conviction records 6 demerit points, except where the court's sentence includes a licence suspension (O. Reg. 339/94, item 2 and s.3(1)) or the driver holds a novice licence (O. Reg. 340/94 s.11(6)). Points count for two years from the offence date.
How this charge is defended
A careless driving charge turns on whether the driving fell below the standard of a reasonable, prudent driver in the circumstances, which the prosecution must prove. We review the officer's notes, witness statements, dashcam or surveillance footage, and any collision reconstruction.
Where the disclosure supports it, we can ask the prosecutor to withdraw the charge or resolve it to a lesser offence; whether the prosecutor consents, and whether the court accepts it, is outside our control. Where trial is the right path, we prepare fully.
What does the prosecution have to prove for careless driving?
The prosecution has to prove that you drove on a highway or in a specified place, and that the driving fell within either branch of s.130(1) of the Highway Traffic Act. The two branches are driving without due care and attention, and driving without reasonable consideration for others using the highway or place. The branches are joined by "or", so a charge can rest on either one.
Section 130(5) adds a deeming rule for both careless driving offences. A driver is deemed to drive without reasonable consideration for others if they drive in a manner that "may limit his or her ability to prudently adjust to changing circumstances" on the highway or in the specified place.
The fault standard is simple negligence, not criminal fault. Writing for a unanimous Supreme Court of Canada in R. v. Roy, 2012 SCC 26 (para. 31), Justice Cromwell distinguished the "simple negligence" that is enough for provincial careless driving offences from the significantly greater fault that criminal dangerous driving requires. Whether careless driving gives you a criminal record explains how the two charges differ in court, in penalty and on your record.
What defences to careless driving come from the case law?
A careless driving defence can turn on two questions. The first is whether the driving, including any momentary lapse, amounts to careless driving in the circumstances. The second is whether the driver can show an absence of negligence. The first question draws on Chief Justice McLachlin's reasons in R. v. Beatty, which a unanimous Supreme Court of Canada quoted with approval in R. v. Roy. The second comes from the Ontario Court of Appeal's decision in R. v. McIver, as the Supreme Court described it in R. v. Sault Ste. Marie.
Momentary lapses. In Beatty, 2008 SCC 5 (para. 71), Chief Justice McLachlin wrote that "even good drivers are occasionally subject to momentary lapses of attention". Her reasons partially concurred with the majority and were joined by two other judges. She added that such lapses may, depending on the circumstances, lead to civil liability or to a careless driving conviction. A unanimous Court quoted that passage with approval in Roy, 2012 SCC 26 (para. 37). A brief lapse is therefore not an automatic defence, and it does not automatically make the driving careless. The circumstances decide.
Absence of negligence. In Sault Ste. Marie, [1978] 2 S.C.R. 1299, the Supreme Court described the Ontario Court of Appeal's decision in McIver, [1965] 2 O.R. 475, as holding that careless driving was a strict liability offence. For a strict liability offence, the prosecution does not have to prove mens rea (a guilty mind). Proof of the prohibited act is prima facie the offence, and the accused avoids liability by proving they took all reasonable care. The Supreme Court quoted McIver: on a careless driving charge under s.60 of the Highway Traffic Act as it then read, the accused could show "an absence of negligence on his part". McIver gave two examples: negligence by another person, and a mechanical failure or other circumstance the driver could not reasonably have foreseen.
McIver concerned a careless driving charge under s.60 of the Highway Traffic Act as worded in the 1960s, and neither McIver nor Sault Ste. Marie addresses today's s.130. How a court applies these cases to a particular charge depends on the evidence and on current case law. No approach guarantees a particular result.
Does careless driving apply in parking lots and on private property?
Careless driving applies in parking lots, parking garages and private lots, not only on public roads. Since December 4, 2024, s.130(1) has covered driving in a "specified place" as well as driving on a highway. The change was made by S.O. 2024, c. 27, Sched. 8, s. 11. Section 130(3), the offence of careless driving causing bodily harm or death, uses the same wording. Section 130(8) defines a specified place to include:
- any parking lot, structure or garage, public or private, paved or unpaved, flat or multilevel, above or below grade, including a driveway or road that connects it to a highway;
- parking lots that drivers are invited or permitted to enter; and
- private, commercial or industrial lots from which the public is ordinarily excluded.
Driving in a shopping-centre lot, an underground garage or a fenced industrial yard can lead to the same s.130 charge as driving on a street, with the same penalty range. A conviction also carries 6 demerit points, unless the court orders a licence suspension (O. Reg. 339/94, Table item 2 and s.3(1)). The two-year limit on starting a proceeding under s.130(7) applies here as well.
Harm to people working in these places counts against the driver at sentencing. When a court sentences for careless driving causing bodily harm or death under s.130(3), s.130(6) requires it to treat harm to a vulnerable person as an aggravating factor. Vulnerable people include pedestrians, cyclists and people working on the highway or in the specified place.
How does a careless driving conviction affect a novice driver?
A novice driver convicted of careless driving is subject to Ontario's escalating penalties for novice drivers. The penalties are a 30-day licence suspension for a first offence, a 90-day suspension for a second offence and loss of the novice licence for a third. Ontario's demerit point page names careless driving as an example of a Highway Traffic Act offence that triggers these penalties. The penalties apply to any conviction that results in 4 or more demerit points.
A court-ordered suspension does not avoid the novice penalties. Under O. Reg. 339/94 s.3(1), no demerit points are recorded for the conviction when the court's penalty includes a licence suspension. Ontario still applies the same escalating penalties to a court-ordered suspension for a Highway Traffic Act offence that would otherwise have carried 4 or more points.
The demerit point guide sets out the point-based warning and suspension thresholds for novice licences. A novice driver facing a careless driving charge can book a free 15-minute phone consultation to go over the charge and the licence consequences before deciding how to respond.
Careless Driving by city
Where your matter is heard depends on where the charge was laid, not where you live.
- Careless Driving in BarrieBarrie Provincial Offences Court
- Careless Driving in HamiltonHamilton Provincial Offences Court
- Careless Driving in KitchenerRegion of Waterloo Provincial Offences Court
- Careless Driving in LondonLondon Provincial Offences Court
- Careless Driving in TorontoToronto Provincial Offences Court
- Careless Driving in WindsorWindsor/Essex Provincial Offences Court
Careless Driving — common questions
Can I just pay the careless driving ticket?
You can, but paying is a guilty plea and a conviction (Provincial Offences Act s.8(2)), with the demerit points and other consequences set out on this page. A free 15-minute phone consultation is available before you decide.
What's the difference between careless driving and dangerous driving?
Careless driving is a provincial offence under Ontario's Highway Traffic Act (s.130). Dangerous driving is a Criminal Code offence with much more serious consequences, including a criminal record. Careless driving is not a criminal charge.
Will I lose my licence for careless driving?
The court can suspend your licence for up to 2 years under s.130(2), and up to 5 years under s.130(4) where the charge is careless driving causing bodily harm or death (s.130(3)). Whether a suspension is imposed — and for how long — depends on the facts and the outcome of the case.
How long will a careless driving conviction affect my insurance?
The conviction sits on your Ontario driving abstract for three years, which is the window insurers price from, while the 6 demerit points expire two years from the offence date — so the insurance effect outlasts the points. Insurers classify careless driving as a serious conviction, and many consider it for longer than three years when setting your premium.
How much is a careless driving ticket in Ontario?
The set fine on a careless driving offence notice is $400. It is listed for s.130(1) as item 341 of Schedule 43 of the Ontario Court of Justice set fines. An offence notice starts a proceeding under Part I of the Provincial Offences Act. In a Part I proceeding, POA s.12(1) caps the fine at $1,000 and jail is not available. Outside Part I, s.130(2) of the Highway Traffic Act sets a fine of $400 to $2,000, up to 6 months in jail, or both. A 2026 amendment has been enacted that would raise that range to $1,000 to $5,000, but it is not in force.
Can police suspend my licence at the roadside for careless driving?
No roadside licence suspension for careless driving is in force under s.130 of the Highway Traffic Act, as consolidated on e-Laws from July 1, 2026. The Keeping Criminals Behind Bars Act, 2026 (S.O. 2026, c. 7) would add one. The suspension would be 7 days for careless driving and 30 days for careless driving causing bodily harm or death. Neither suspension could be appealed, and there would be no right to be heard beforehand. Schedule 5 of that Act comes into force only on a day named by the Lieutenant Governor in Council, and the Highway Traffic Act consolidation lists those amendments as not in force. Under s.130 as it stands, a licence suspension for careless driving is ordered by the court on conviction.
Legal information, not legal advice. Laws, fines and demerit points change; check the current Highway Traffic Act and the Ontario Court of Justice set-fine schedule before relying on a figure. Using this site or sending a form does not create a paralegal-client relationship.