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

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

Answer:In Ontario, you can be charged for hitchhiking if you are on the roadway standing or walking while soliciting a ride from the driver of a motor vehicle, which is prohibited by Highway Traffic Act, R.S.O. 1990, c. H.8, s. 177(1).  If convicted, the general penalty allows a fine of not less than $60 and not more than $1,000 under Highway Traffic Act, R.S.O. 1990, c. H.8, s. 214(1), plus a victim surcharge and court costs.  For help understanding how this applies to your situation and what to do next, DefendCharges.ca™ offers paralegal support for Ontario traffic matters; call (647) 559-3377.

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Is Hitchhiking Against the Law?

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.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

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.  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:

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 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.