Hitchhiking Per Section 177(1) of the Highway Traffic Act Involves Soliciting a Ride From a... - 2027 | DK Legal Practice
2027


Last Updated: , 72 days ago.

Question:Is it illegal to hitchhike in Ontario?

Answer:DK Legal Practice can help you understand whether hitchhiking is unlawful and what penalties may apply in Ontario, since section 177(1) of the Highway Traffic Act prohibits soliciting a ride while on the roadway and a conviction is subject to the general fine in section 214(1), typically $60 to $1,000 plus a victim surcharge and court costs (“roadway” excludes the shoulder under section 1); for guidance on your situation with an Ontario paralegal, call (416) 906-6663.

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Is It Unlawful to Solicit Rides by 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.

Note: For immediate help, please contact DK Legal Practice by phone at: (416) 906-6663 to retain services or to discuss any specific questions that you may have.


Understanding the Highway Traffic Act Charge For Hitchhiking Including the Applicable Penalties

Hitchhiking Per Section 177(1) of the Highway Traffic Act Involves Soliciting a Ride From a Driver of a Motor Vehicle Other Than a Bus or TaxiWhen 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.  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

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 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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