Question: Is hitchhiking illegal in Ontario?
Answer: Yes, hitchhiking is illegal in Ontario as it poses safety risks, both to the hitchhiker and other road users. Under Highway Traffic Act, R.S.O. 1990, c. H.8, soliciting rides on the roadway is prohibited, with fines reaching up to $1,000 plus victim surcharges and court costs. For guidance on traffic laws, consider connecting with Legacy Legal Services for expert assistance.
Can a Person Be Charged For Hitchhiking?
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
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:
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.
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