Hitchhiking Per Section 177(1) of the Highway Traffic Act

Question: Can someone be charged in Ontario for hitchhiking while standing or walking along the roadway?

Answer: Yes. In Ontario, soliciting a ride while on the roadway is prohibited under Highway Traffic Act, R.S.O. 1990, c. H.8, s. 177(1), and it can be charged where you are standing or walking on or near the driving portion of the highway (the “roadway”), not just the shoulder.  If convicted, the penalty for a contravention with no other penalty set out is a fine of not less than $60 and not more than $1,000, plus the victim surcharge and court costs under the Highway Traffic Act, R.S.O. 1990, c. H.8, s. 214(1).  If you want to understand whether the charge fits your situation and what evidence may matter, Defend-it Legal Services can help with paralegal services and practical case guidance, and they also provide private investigation, background searches, and fingerprinting agency support for Ontario matters by phone at (289) 275-3513.

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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

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.  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:

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.