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

Question: Can a person be charged with hitchhiking in Ontario?

Answer: In Ontario, yes, a person can be charged if they are on the roadway and solicit a ride from drivers, which the Highway Traffic Act prohibits under Highway Traffic Act, R.S.O. 1990, c. H.8 at s. 177(1); if convicted, the fine can range from $60 to $1,000 plus the statutory victim surcharge and court costs,  the definition of “roadway” matters because it refers to the part of the highway improved, designed or ordinarily used for vehicular traffic and does not include the shoulder under Highway Traffic Act, R.S.O. 1990, c. H.8 at s. 1.  If you received a ticket or are worried about a charge, paralegals at Gutoski Legal Services can help you understand the charge, review whether the officer’s facts fit the law, and guide you on next steps so you can respond appropriately; call (289) 902-0227 to discuss your situation.

Is It Illegal to Hitchhike?

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.

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.  A risk also exists where a driver of a motor vehicle may slow and change lanes suddenly in the effort to pick up the hitchhiker, surprising other drivers, and thereby 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:

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.