Question: Can a person be charged for hitchhiking?
Answer: Yes, hitchhiking is unlawful in Ontario under the Highway Traffic Act and can result in fines ranging from $60 to $1,000. If you find yourself facing such a charge, Freed Legal Services LLP can assist you in navigating the legal process and protecting your rights.
Is There Such Thing As Being Charged With Hitchhiking?
Hitchhiking, Meaning Soliciting Drivers For a Ride and Doing So While Standing or Walking Along the Roadway, Is Unlawful and An Offence Contrary to the Highway Traffic Act. The Fine For Hitchhiking Ranges From $60 to $1,000 and Is Also Subject...
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
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;
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 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.