By Patricia Jones No, hitchhiking is not illegal everywhere in the United States. However, it is restricted or prohibited in many places, particularly on interstates, freeways, turnpikes and other limited-access highways.
The exact rule depends on the state, city and type of road. In several states, asking for a ride is lawful only when the person remains outside the travelled roadway and stands somewhere a driver can safely pull over.
What Is Hitchhiking?
Hitchhiking means asking a passing driver for a free ride, usually by standing near a road and extending a thumb, displaying a sign or otherwise signalling to motorists.
There is no single federal law that completely bans ordinary hitchhiking throughout the country. Most rules come from state traffic laws, transportation regulations and local ordinances.
The important legal questions usually include:
- Where the hitchhiker is standing
- Whether pedestrians are allowed in that location
- Whether a vehicle can stop safely
- Whether the road is a freeway or limited-access highway
- Whether signs prohibit stopping or hitchhiking
- Whether the person is trespassing on private property
Is Standing in the Road to Hitchhike Illegal?
In many states, yes. A person generally cannot stand in an active traffic lane to request a ride.
Arizona law states that a person may not stand in a roadway to solicit a ride from a driver. California Vehicle Code Section 21957 contains a similar prohibition against standing in a roadway for that purpose.
These laws focus on the roadway, meaning the portion ordinarily used by vehicles. Standing on a sidewalk, roadside area or shoulder may be treated differently, but it is not automatically legal in every location.
A hitchhiker who steps into traffic, blocks vehicles or causes motorists to brake suddenly may also face allegations involving pedestrian violations, obstruction or disorderly conduct.
Is Hitchhiking From the Shoulder Legal?
It may be legal when state law permits it and a vehicle can pull completely away from moving traffic.
Washington law, for example, prohibits soliciting a ride at a location where a vehicle cannot safely stop outside the main travelled portion of the road. This means hitchhiking may be allowed on some ordinary roads when the person stands safely and there is enough space for a driver to pull over.
Oregon prohibits being on the roadway for the purpose of soliciting a ride. Its pedestrian rules separately recognize circumstances in which a hitchhiker may use the right shoulder while facing approaching vehicles.
The difference between a roadway and a shoulder can therefore matter. A person standing several feet away from traffic may be treated differently from someone standing inside a traffic lane.
Is Hitchhiking on an Interstate Illegal?
It is generally prohibited on interstates, freeways and other controlled-access highways.
These roads are designed for high-speed traffic and normally restrict pedestrians. The prohibition may apply to:
- Traffic lanes
- Shoulders
- Entrance and exit ramps
- Medians
- Toll plazas
- Other parts of the highway right-of-way
Washington prohibits soliciting a ride anywhere within the right-of-way of a limited-access highway unless the highway authority has specifically designated and posted an area where it is allowed.
North Carolina prohibits hitchhiking and soliciting rides on interstate or controlled-access highways. Its rule also prohibits drivers from stopping on those highways to collect a hitchhiker.
New York prohibits hitchhiking throughout its Thruway system, including toll plazas. Drivers are also prohibited from stopping to pick up or drop off hitchhikers there.
Standing at an interstate entrance ramp may still be prohibited even when the person does not enter the traffic lane, because the ramp and nearby land can form part of the controlled-access right-of-way.
Can a Driver Get in Trouble for Picking Up a Hitchhiker?
Yes, depending on the location and how the vehicle is stopped.
A driver may receive a citation for:
- Stopping where signs prohibit it
- Blocking an active lane
- Stopping on an interstate shoulder without an emergency
- Obstructing traffic
- Parking too close to an intersection
- Creating an unreasonable crash risk
- Picking someone up where hitchhiking is specifically prohibited
North Carolina’s controlled-access-highway rule expressly prohibits drivers from stopping to pick up hitchhikers. New York’s Thruway rule similarly prohibits stopping a vehicle to collect or discharge one.
On an ordinary road, picking up a hitchhiker may be lawful when the driver pulls completely off the travelled roadway and follows all parking and stopping rules.
What If the Person Has a Genuine Emergency?
Some states recognize an emergency exception.
Washington’s law does not prohibit requesting or providing a ride when an actual emergency exists. North Carolina also allows occupants of a vehicle disabled by an emergency or mechanical failure to request assistance, and it permits another driver to stop and provide help.
A stranded motorist seeking emergency assistance is therefore not necessarily treated like someone travelling by hitchhiking as a routine choice.
However, a driver should still stop only where it can be done safely. When a person is stranded on a high-speed highway, calling 911, highway patrol or roadside assistance may be safer than attempting to flag down passing vehicles.
Can Local Governments Ban Hitchhiking?
Sometimes. The extent of local authority depends on state law.
Cities and counties may regulate pedestrian activity, stopping, loitering, solicitation and the use of particular roads. A city may prohibit hitchhiking in certain business districts, near schools, at transportation facilities or in locations where stopping would be dangerous.
State law may also limit local authority. Washington generally prevents cities and counties from adopting hitchhiking rules that conflict with the statewide statute, although it permits certain restrictions in areas connected with prostitution-related enforcement.
A person should therefore check both state law and local ordinances rather than assuming the rules are identical throughout the state.
Is Hitchhiking From Private Property Illegal?
It can constitute trespassing when the person is on private property without permission.
A gas station, restaurant parking lot, shopping centre or private driveway may look like a convenient place to request a ride, but the property owner or manager can order the person to leave.
Refusing to leave after receiving notice may lead to a trespass complaint. Hitchhikers should also avoid blocking business entrances, approaching customers aggressively or standing where signs prohibit solicitation.
Can Holding a Hitchhiking Sign Be Illegal?
The sign itself is not normally the main issue. A simple destination sign is generally treated differently from standing in a forbidden location.
However, a person may still violate the law when:
- The sign blocks a driver’s view
- The person stands in an active roadway
- The message contains a threat
- The person obstructs pedestrians
- Local rules prohibit roadside solicitation
- The person enters restricted property
First Amendment protections do not create a right to stand anywhere or interfere with traffic.
What Are the Possible Penalties?
Penalties depend on the law violated. A basic hitchhiking or pedestrian violation may result in a warning or traffic citation.
Oregon classifies unlawful hitchhiking on the roadway as a Class D traffic violation. Michigan treats unlawfully interfering with the normal flow of traffic as a civil infraction.
The consequences can become more serious when the conduct also involves:
- Trespassing
- Refusing a police order
- Obstructing traffic
- Disorderly conduct
- Property damage
- Harassment or threats
- Entering a restricted highway area
How Can Someone Check Whether Hitchhiking Is Legal?
Before requesting a ride, check the traffic laws of the relevant state and the rules for the particular road.
Avoid:
- Interstates and freeways
- Entrance and exit ramps
- Toll roads and toll plazas
- Active traffic lanes
- Bridges and tunnels
- Locations with no-stopping signs
- Private property without permission
- Places where a vehicle cannot pull over safely
Therefore, hitchhiking is not completely illegal across the United States, but it is often illegal on high-speed or controlled-access highways and when the person stands in the travelled roadway. It may be permitted beside some ordinary roads when the hitchhiker remains in a safe location and drivers can legally pull over.