Is Hitchhiking Against the Law?
In Ontario, Hitchhiking Along a Roadway As a Means of Soliciting a Ride Is Unlawful and Subject to a Fine Ranging From $60 to $1,000 Plus the Statutory Victim Surcharge and Court Cost.
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A Helpful Guide For How to Determine the Applicable Penalties For Hitchhiking For a Ride Along a Roadway
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 as well as posing a risk to other who are using the roadway whereas a vehicle driver may be distracted by the hitchhiker or stop suddenly to pick up the hitchhiker thereby surprising other drivers and possibly causing an accident.
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.
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.
Hitchhiking poses a risk of serious injury or death to the person that is hitchhiking, among others; and accordingly, hitchhiking is unlawful and subject to a potential fine of one thousand ($1,000) dollars plus victim surcharge and court cost.