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

Question: Can you be charged for hitchhiking in Ontario under the Highway Traffic Act?

Answer: Yes, you can be charged in Ontario if you solicit a ride while “on the roadway,” which is an offence under Highway Traffic Act, and convictions can lead to a fine that commonly ranges from $60 to $1,000 plus surcharges and court costs; DefendCharges.ca provides Paralegal defence for Highway Traffic Act offences across Ontario to help reduce penalties or pursue the best possible outcome, call (647) 559-3377 for help.

Is Hitchhiking Against the Law?

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.  Within Ontario, among other places, hitchhiking is unlawful as doing so creates a significant danger to the person that is hitchhiking.  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:

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.