Question: Can you be charged for hitchhiking in Ontario?
Answer: Yes, hitchhiking in Ontario is prohibited under the Highway Traffic Act, R.S.O. 1990, c. H.8. Soliciting rides while on the roadway can result in a fine ranging from $60 to $1,000, plus a statutory victim surcharge and court costs. For legal guidance on traffic offences, connect with Debly Law for a FREE ½ hour consultation to explore your options and safeguard your rights.
Is There Such Thing As Being Charged With Hitchhiking?
As Per Section 177(1) of the Highway Traffic Act, Hitchhiking Is Unlawful and Subject to Penalties That Include a Fine Ranging From $60 to $1,000 As Well As a Mandatory Victim Surcharge and Court Cost.
Understanding the Highway Traffic Act Charge For Hitchhiking Including the Applicable Penalties
A person that is standing or walking along the roadway seeking a driver who will provide a ride is engaging in what is commonly known as, and referred to as,hitchhiking. Within Ontario, among other places, hitchhiking is unlawful as doing so creates a significant danger to the person that is hitchhiking. Additionally, a risk to others arises whereas a vehicle driver may be distracted by the hitchhiker or stop suddenly to pick up the hitchhiker thereby surprising other drivers and possibly cause an accident.
The Law
As per section 177(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, standing or walking along a roadway for the purpose of soliciting a ride from drivers, otherwise known as hitchhiking, is an offence. What actually constitutes as the "roadway" may require careful review whereas the definition is provided within section 1 of the Highway Traffic Act. The applicable penalty upon a conviction for hitchhiking is found in the general penalty section of the Highway Traffic Act at section 214(1). Specifically, section 177(1), section 214(1), and section 1 of the Highway Traffic Act state:
Soliciting rides prohibited
177(1) No person, while on the roadway, shall solicit a ride from the driver of a motor vehicle other than a public passenger conveyance.
General penalty
214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.
“roadway” means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not to all of the roadways collectively;
As show above, the general penalty prescribed by section 214(1) of the Highway Traffic Act imposes a fine ranging from sixty ($60) dollars to one thousand ($1,000) dollars for hitchhiking. Furthermore, a statutory victim surcharge plus court cost will also apply.
Summary Comment
Hitchhiking presents a great risk of serious harm to the hitchhiker and possible others using the roadway whereas such is both a distraction and also presents as a hazard when a driver suddenly brakes and swerves to pick up a hitchhiker. Accordingly, the law forbids hitchhiking and imposes a fine of up to one thousand ($1,000) dollars plus victim surcharge and court cost.
