Can You Get Arrested for Hitchhiking in Montana?

Hitchhiking was once fairly common.

Nowadays, I assume that most people attempting to thumb a ride on the highway probably walk many, many miles before a motorist stops to give them a lift. We've all watched enough True Crime to know the dangers of picking up a ride from a stranger or vice versa.

That said, is hitchhiking legal in Montana? If not, what are the possible penalties?

Montana’s law on hitchhiking is surprisingly specific yet often misunderstood. Under Montana Code § 61‑8‑507, it is illegal to stand on the roadway to solicit a ride:

“A person may not stand on a roadway for the purpose of soliciting a ride.” 

The term “roadway” refers to the traveled part of the road used by vehicles. Montana’s interpretation, consistent with the national uniform vehicle code, distinguishes between the roadway itself and less trafficked parts like shoulders, berms, or sidewalks. Standing to thumb a ride from those safer, off-roadway spaces is generally allowed, but only as long as you are off the vehicular path.

Anecdotal accounts and various hitchhiking forums I found on the net note that law enforcement seldom enforces this law aggressively, as long as you're not obstructing traffic or causing safety concerns. Remember, some cities have enacted ordinances that may have stricter regulations regarding thumbing a ride inside city limits.

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Penalties for Violating § 61‑8‑507

Unfortunately, the statute itself does not specify a penalty. Offenses of this nature typically fall under general traffic infraction rules. For instance, similar Montana infractions carry fines roughly between $10 and $50 for a first offense (archive.legmt.gov).

If you stand in the roadway soliciting a ride, a law enforcement officer could cite you for that infraction with a fine, often a scheduled penalty of around $10. Repeat violations might increase fines, possibly reaching the $50–$200 range, depending on local court orders.

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If you find yourself in a hitchhiking situation in Montana:

• Don’t stand on the road itself. Use the shoulder, berm, or designated pull-out to avoid violating § 61‑8‑507.
• Stay safe and visible. Especially on Montana Interstates, wear reflective gear and stand far off the pavement.
• Expect minimal enforcement. Most police chalk it up as a minor infraction unless you’re blocking traffic or causing a hazard.
• Possible outcomes if ticketed:
  • First offense: ~$10–$50 fine
  • Multiple offenses: fines may rise to $50–$200

TL;DR

In short, hitchhiking in Montana is legal, provided you're not standing on the road. Just use the shoulder, stay safe, and you'll likely avoid any trouble—and if you do get stopped, expect just a small fine.