Hitchhiking Per Section 177(1) of the Highway Traffic Act Involves Soliciting a Ride From a Driver of a Motor Vehicle Other... | DK Legal Practice
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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 Taxi


Question: Is hitchhiking illegal in Ontario?

Answer: Yes, hitchhiking is prohibited under section 177(1) of the Highway Traffic Act, with penalties ranging from $60 to $1,000, highlighting the risks it poses to both hitchhikers and drivers.


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.


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.  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:


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 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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