Question: Can you be charged with hitchhiking in Ontario?
Answer: Yes, hitchhiking in Ontario is unlawful under section 177(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8. Penalties include a fine of $60 to $1,000, along with a statutory victim surcharge and court costs. Hitchhiking poses risks to both the hitchhiker and road users, hence the legal prohibition. For legal advice on traffic offences, consider consulting with Denali Paralegal to navigate these complexities effectively.
Is It Illegal to Hitchhike?
As Per Section 177(1) of the Highway Traffic Act, Hitchhiking Is Unlawful and Subject to Penalties That Include a Fine Ranging From $60 to $1,000 As Well As a Mandatory Victim Surcharge and Court Cost.
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. 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:
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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