Section 1031. Institution of Proceedings in Summary Traffic Cases

(A) Summary traffic cases in Philadelphia shall be instituted by:

(1) issuing a citation to the defendant as provided in Rules 405-409;

(2) filing a citation with the Philadelphia Municipal Court Traffic Division as provided in Rules 410—414; or

(3) arresting without a warrant when arrest is specifically authorized by law as provided in Rules 440 and 441.

(B) When provided by local rule as an exception to the trial notice procedures in Rule 408(B), the law enforcement officer also shall give the defendant written notice of the date and time and location set for the summary trial when a citation is isued to the defendant as provided in Rule 405.

(1) The trial notice shall include an explanation that if the defendant enters a guilty plea and pays the fine and costs indicated on the citation within the specified time, the summary trial will be cancelled.

(2) The trial notice also shall include notice to the defendant that:

(a) failure to appear for the trial shall constitute consent for the trial to be conducted in the defendant’s absence;

(b) if the defendant is found guilty, the collateral deposited will be forfeited and applied toward the fine and costs; and

(c) the defendant will have the right to appeal within 30 days for a trial de novo in the court of common pleas.

Comment

See Rule 403 for the contents of the citation.

The trial notice permitted in paragraph (B) may be added to the citation form.

See Rule 105 for the procedures for promulgating local rules.

Official Note

Adopted September 9, 2005, effective February 1, 2006; amended May 7, 2014, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of the new rule published with the Court’s Order at 35 Pa.B. 5242 (September 24, 2005).

Final Report explaining the May 7, 2014 amendments concerning the transfer of functions from the Philadelphia Traffic Court to the Philadelphia Municipal Court published with the Court’s Order at 44 Pa.B. 3065 (May 24, 2014).

The provisions of this Rule 1031 adopted September 9, 2005, effective February 1, 2006, 35 Pa.B. 5239; amended May 7, 2014, effective immediately, 44 Pa.B. 3056. Immediately preceding text appears at serial pages (351649) to (351650).