Last Updated: June 12 2026
Question: Can you be charged and fined for hitchhiking in Ontario under the Highway Traffic Act?
Answer: Yes, in Ontario you can be charged for hitchhiking if you’re on the roadway soliciting a ride, which is prohibited under Highway Traffic Act, R.S.O. 1990, c. H.8, with fines typically ranging from $60 to $1,000 plus surcharges and costs; Freed Legal Services is a Paralegal service that helps Ontarians understand the charge, evaluate defences, and pursue the best possible outcome, so call (800) 716-1897 to get help fast. Getting advice early can reduce stress, protect your driving-related record, and help you respond properly to the ticket or court process across Ontario.
Is It Illegal to Hitchhike?
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
When a person is standing or walking along the side of a road with a thumb up seeking a driver who will stop and provide the person with a ride, such conduct is colloquially known as hitchhiking. In Ontario, this type of conduct is unlawful as such poses a potential danger including risks that the person hitchhiking may be accidentally struck by a motor vehicle. 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
The law that forbids a person from hitchhiking along the roadway is prescribed by section 177(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8. For those found guilty of violating section 177(1), the details for the penalty upon conviction are prescribed by section 214(1) of the Highway Traffic Act whereas section 177(1) is actually silent, meaning absent, about the penalty details. Interestingly, what is actually defined as the "roadway" often requires careful review of the definition as per section 1 of the Highway Traffic Act. Within section 177(1), section 214(1), and section 1 of the Highway Traffic Act it is specifically stated:
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;
Accordingly, per the general penalty stated within section 214(1) as is shown above, the fine for hitchhiking is in a range from sixty ($60) dollars to one thousand ($1,000) dollars. Additional penalties will include the statutory victim surcharge plus court cost.
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.
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