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 Unlawful to Solicit Rides by Hitchhiking?
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
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. 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
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;
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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