Speeding, Careless Driving, and Dangerous Driving in BC

Speeding and careless driving offences in British Columbia are governed mainly by two laws:

1. Motor Vehicle Act (British Columbia)

The majority of speeding offences fall under the Motor Vehicle Act. Two sections of this Act are particularly important: Section 146, which sets out speed limits, and Section 148, which addresses excessive speeding.

Section 146 makes it illegal to drive over the posted speed limit.

Section 148 defines excessive speeding as driving more than 40 kilometers per hour over the speed limit. This section grants police the authority to take immediate action against drivers committing this offence, including vehicle impoundment, a penalty designed to enhance public safety and deter extreme speeding.

Section 144 defines Careless driving offences, which prohibits driving without due care and attention, without reasonable consideration for other persons using the highway, and driving unsafely given the prevailing road, traffic, or weather conditions. This means that even if a driver is technically within the posted limit, they may still be charged if their conduct is deemed unsafe under the circumstances, such as during heavy rain, snow, or fog.

2. Offence Act (British Columbia)

While the Motor Vehicle Act defines what constitutes speeding, the Offence Act governs how tickets are issued, how fines are enforced, and the legal process for disputing tickets in court. Under this Act, a speeding ticket is considered a provincial offence rather than a criminal charge. Despite this distinction, these offences are still processed through the court system, and failing to respond to a ticket can result in significant penalties.

A speeding ticket is considered a provincial offence, not a criminal charge, but it is still handled through the court system.

What may seem like a simple ticket can have long-term consequences for your licence and insurance.

Case Examples: When Speeding Becomes Criminal in British Columbia

To understand how speeding can turn into a criminal charge, it helps to look at real-world situations. The key factor is not just speed, but how dangerous the driving was given the circumstances. Not only is dangerous operation of a vehicle that results in bodily harm, section 320.13 (2) and/or death, section 320.13 (3) criminal, but also merely driving the vehicle dangerously in itself.

Here is some real British Columbia, relevant situations and court decisions where speeding or dangerous driving crossed into criminal conduct:

1. R. v. Chung , Dangerous Driving Causing Death (Supreme Court of Canada)

In this high-profile case, a Vancouver driver accelerated to approximately 140 km/h in a 50 km/h zone, suddenly changed lanes, and collided with another vehicle, killing the driver. The Supreme Court of Canada upheld his conviction for dangerous driving causing death under 320.13(1)(3) of the Criminal Code, confirming that extremely high speed in dangerous circumstances can meet the criminal test for a “marked departure” from reasonable driving. Read the Supreme Court case summary: R. v. Chung (2020 SCC 8) — Supreme Court of Canada decision.

2. Fatal Construction Zone Crash (BC Supreme Court)

A driver travelling through a highway construction zone at excessive speed hit and killed a construction worker and injured another. She was convicted in BC Supreme Court of dangerous driving causing death and bodily harm (Criminal Code charges) and received a two-year conditional sentence and a five-year driving prohibition. The judge found her driving showed a “marked departure” from the standard of care required in a construction zone. Read the Nanaimo news report: Local news report on the conviction and sentencing details.

3. R. v. Nikrik — Dangerous Driving Causing Bodily Harm (BC Provincial Court)

In another case, a driver struck an 11-year-old at a crosswalk while excessively speeding (approx. 95-100 km/h in a 50 km/h zone) and distracted by texting at the time of the incident. The court found this was a marked departure from reasonable driving and convicted for dangerous driving causing bodily harm. This case reflects how courts treat excessive speed and other bad driving behaviours as criminal. Read the Provincial Court case: R. v. Nikrik 2020 BCPC 10

4. Provincial Example — Excessive Speeding Enforcement (RCMP)

While not a criminal case, RCMP releases showed motorists in BC being stopped for extremely high speed — for example, two drivers clocked at over 150 km/h and 196 km/h in 100 km/h zones on Highway 95A and having their vehicles impounded and fined. This illustrates how excessive speed can lead to severe provincial penalties even when not criminal. Read the RCMP news release: Kimberly RCMP News Release

What These Cases Have in Common

In each example, the issue was not simply how fast the driver was going. Courts look at:

· Driver behaviour

· Risk created for others

· Speed relative to the environment

· Traffic, pedestrians, and visibility

When speeding shows a serious disregard for public safety, it can cross into criminal law.

Final Takeaway

In British Columbia:

· Most speeding = traffic offence

· Excessive speeding = serious provincial offence

· Speeding that is reckless or dangerous = criminal offence

Understanding this distinction can help drivers appreciate why some speeding incidents result in fines, while others lead to arrest and criminal charges.