[pct-l] Hitchhiking in general

[Timothy Nye]

Interesting.  Two questions actually seem to be involved in terms of
statutory construction.  In interpreting statutes words are given their
usual meaning; which means, break out the dictionary.  Each word is assumed
to be there for a reason and words are not taken in isolation from one
another.

First, the use of "in" instead of "on" appears significant, as to me it
infers that the issue is not one of merely being present on the roadway,
but actually inhibiting the progress of vehicles that are themselves on the
roadway.  I'd argue that you can be on the roadway and at the same timenot
be in the roadway .  The actual  legislative history when the law was
enacted would be revealing.

Second, "roadway".

You want a dictionary from the time the statute was enacted.  As luck would
have it, I just happen to have such a dictionary.  The specific definition
of "roadway" is: "that portion of a road over which traffic travels"; while
the general definition is: "that strip of land over which a road is
constructed", the pavement.

A couple of cautions.  There may have been a published appellate decision
holding that a different definition applies; although, for the life of me,
I can't imagine anyone incurring the cost of an appeal over such a minor
point, or, there may be another ancillary statute.

Otherwise, it appears from this that hitch hiking on the highways isn't
illegal as long as you aren't endangering yourself or others.  Bear in mind
as well that other local jurisdictions, e.g. municipalities, may have
enacted bans.


Gourmet