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

Question: Is it illegal to hitchhike in Ontario and what fine could I face?

Answer: Legacy Legal Services can help explain Ontario’s Highway Traffic Act charge for hitchhiking (soliciting a ride from a motor vehicle driver while on the roadway) and the potential consequences.  Under Highway Traffic Act, R.S.O. 1990, c. H.8, section 177(1) bans soliciting rides from drivers while on the roadway, and the general conviction penalty in Highway Traffic Act, R.S.O. 1990, c. H.8, section 214(1) sets a fine of not less than $60 and not more than $1,000, plus victim surcharge and court costs (definitions like “roadway” in section 1 can matter).  If you received a ticket or want to reduce risk and handle the charge properly, call (226) 246-3825 to speak with legal professionals serving clients across Ontario.

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Is It Unlawful to Solicit Rides by Hitchhiking?

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

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.  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.