Careless driving is a common traffic violation in Hong Kong, with relatively light penalties; but how to distinguish it from dangerous driving, which carries heavier penalties? How will the court define the two? This time, Kwiksure will analyze and compare the definitions, judgment standards and penalties of careless driving and dangerous driving, and also explain the impact of the two traffic crimes on car insurance renewal.
Careless driving refers to the driver's behavior that unintentionally causes a traffic accident due to negligence or fatigue while driving. According to Section 38(2) of the Road Traffic Ordinance (Chapter 374 of the Laws of Hong Kong), "any person who drives a vehicle on a road without due care and attention or without reasonable regard for other persons using the road" is driving carelessly.
When the court determines whether a driver "did not exercise due care and attention", he will objectively consider whether his behavior is consistent with the level expected of a reasonable and prudent driver. Other personal factors such as driving experience will not be considered.
If the defendant's behavior causes other road users to be affected, the relevant charge will be committed, and the person concerned does not need to prove any injury or property damage.
The court will consider all objective facts and environmental factors related to the accident and obtain evidence of careless driving before convicting the driver. However, if the defendant's behavior shows obvious signs of "carelessness", such as failing to brake quickly and hitting the car in front, the court can infer that the defendant has committed the crime of careless driving. In this case, the driver needs to make a reasonable excuse to escape the crime.
The court has concluded that the following situations constitute careless driving without the defendant having reasonable excuse:
According to Section 38 of the Road Traffic Ordinance (Chapter 374 of the Laws of Hong Kong), the maximum penalty for careless driving is a fine of $5,000 and imprisonment for 6 months. The court may disqualify (suspend) a person from driving under section 69(1) of the same Ordinance and determine an appropriate suspension period.
Basically, if the incident is minor and does not involve casualties, and the defendant goes to court to plead guilty after receiving a court summons, the court will usually impose a fine and Point deduction processing。
According to section 37 of the Road Traffic Ordinance (Chapter 374 of the Laws of Hong Kong), dangerous driving is defined as:
This means that the driver's driving style is likely to pose a danger to other road users, vehicle passengers or their property, including but not limited to:
When determining whether a driver's behavior is dangerous driving, the court needs to take into account the overall circumstances of the case and all relevant facts, including the nature, condition, usage and actual traffic volume of the road at the material time, as well as the defendant's driving style and physical condition at the time, etc. If the defendant shows obvious irresponsible driving behavior, he will be convicted of dangerous driving, such as racing, running red lights, and serious speeding.
Penalties for dangerous driving can be divided into three categories. The court will also increase the sentence depending on the amount of alcohol or illegal drugs in the defendant's body at the time:
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Key differences between careless driving and dangerous driving |
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Careless driving |
Dangerous driving |
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Judgment criteria |
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Behavioral nature |
Mostly caused by driver negligence or distraction |
Clearly exhibit extremely irresponsible or dangerous driving behavior |
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as a result of |
It may not directly cause the accident, but there is a risk of causing the accident. |
The consequences are usually more serious, such as major traffic accidents or casualties |
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Penalty |
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Amount |
HKD 5,000 |
HKD 25,000 |
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Period of imprisonment |
6 months in prison |
3 years in prison |
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Other penalties |
Driving points deducted or license suspended |
Mandatory suspension of driving license for at least 6 months and mandatory driving improvement course |
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Sentence aggravating factors |
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Careless driving and dangerous driving are violations of the Road Traffic Ordinance, and "crazy driving" commonly known as crazy driving is a criminal offence.
according to Offenses Against the Person Ordinance Chapter 212, Section 33, Any person who, while in control of a vehicle of any kind, drives indiscriminately, drives recklessly, races or engages in other willful misconduct or willful negligence thereby causing or causing bodily harm to any person shall be guilty of an offense triable summarily or on indictment and shall be liable to imprisonment for 2 years. If someone is killed as a result of the accident, you may be charged with manslaughter.
Since drivers must purchase third-party liability insurance (three guarantees) before driving on the road, the third party's liability insurance will compensate for property damage and personal injury or death of a third party in an accident, but does not include the insured's car. If the driver purchases comprehensive insurance (full coverage), he or she can be fully protected for his or her car.
However, since insurance companies are Processing renewals Premiums will be updated based on the policyholder's car insurance claim record and traffic violation record. If a claim has been made in the previous insurance year, the policy's No Claims Discount (NCD) will be deducted, resulting in a significant increase in renewal premiums; the policyholder may also be "loaded" during renewal, that is, additional premiums will be charged.
However, if a driver is convicted of driving under the influence of alcohol or drugs, their car insurance will become invalid. Some insurance companies will explicitly state this in the policy documents, while others have a broad statement: "If the policyholder commits any illegal act while driving the vehicle, the car insurance will be revoked."
Careless driving is mostly caused by the driver's negligence or distraction, which unintentionally causes or may cause traffic accidents; dangerous driving is when the driver obviously displays extremely irresponsible or dangerous driving behavior, which usually results in major traffic accidents or casualties.
The court will consider all objective facts and environmental factors related to the accident, including the nature, condition, usage and actual traffic volume of the road at the critical time, as well as the defendant's driving style and physical condition at the time. If the defendant's driving style is likely to pose a danger to other road users, vehicle passengers or their property, such as failing to brake quickly and hitting the car in front without reasonable excuse, then he has committed "careless driving"; if he clearly shows irresponsible driving behavior, he will be convicted of dangerous driving, such as racing, running red lights, serious speeding, etc.
Kwiksure has over 20 years of experience in the car insurance industry, comparing quotes from over 60 insurers in Hong Kong. Use our online quotation tool now to get a free car insurance quote!
The above information is for reference only. Kwiksure takes no responsibility for the accuracy and timeliness of the information. For the coverage, mode of compensation, benefit limit and premium levels of any specific insurance plan, please refer to the relevant policy terms.
Eric is a content creator for Kwiksure, responsible for writing articles on various topics such as cars, travel, domestic helpers, etc., striving to provide readers with detailed and practical information.
With over 20 years of experience in the media industry and driving, Eric has worked for several newspapers, magazines, and online media outlets. Apart from his passion for writing, he also enjoys the pleasure that driving brings. On average, he drives over 40,000 kilometers per year.
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