Question: Is hitchhiking illegal in Ontario?
Answer: Yes, hitchhiking along a roadway is unlawful in Ontario under section 177(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8. Engaging in this activity can lead to a fine ranging from $60 to $1,000, plus additional costs. For any legal concerns you have regarding this issue or any other, Lippa Legal Services is here to assist you with your needs. Contact us today for more information.
Is It Unlawful to Solicit Rides by Hitchhiking?
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. 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
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:
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;
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.
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