OM 7-2 8/7/2019 TRAFFIC CITATION/TraCS TRAFFIC …

TRAFFIC CITATION/TraCS TRAFFIC CITATION

OM 7-2 8/7/2019

A. PURPOSE

A Traffic Citation, Form SP 7-0017A, or a Traffic and Criminal Software (TraCS) Traffic Citation, Form SP 7-0017ATX, shall be completed to record summary traffic offenses where prosecution is brought under Title 75, Vehicle Code, with the exception of summary traffic offenses charged in conjunction with related felony/misdemeanor traffic and/or criminal offenses on a felony or misdemeanor criminal complaint.

B. PREPARATION

1. The TraCS Traffic Citation shall be used in lieu of the Traffic Citation (paper form) in all cases where the member or Motor Carrier Enforcement Officer (MCEO) issuing/filing the citation is assigned to and/or utilizing a Department vehicle equipped with a mobile office computer at the time the citation is prepared.

2. Members and MCEOs shall continue to carry a limited quantity of Traffic Citations (paper form). The Traffic Citation shall only be utilized under the following circumstances:

a. The mobile office computer and/or TraCS application in the Department vehicle being utilized by the member or MCEO is non-functional.

b. The member or MCEO issuing/filing the citation is assigned to and/or utilizing a Department vehicle which is not equipped with a mobile office computer.

C. SPECIAL INSTRUCTIONS

1. Members shall file summary traffic charges on a criminal complaint when more serious charges which occurred during the same incident are also being filed; e.g., driving under influence of alcohol or controlled substance (DUI). When conducting an investigation where it is anticipated that more serious charges may be filed, members shall contact the appropriate district attorney prior to filing any summary charges.

NOTE: An exception may exist should more serious charges arise after the disposition of summary charges; e.g., a death occurs or is discovered after a plea to a summary Vehicle Code charge.

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Traffic Citations/TraCS Traffic Citations shall not be completed for DUI arrests. Additionally, Traffic Citations/TraCS Traffic Citations shall not be completed for other traffic offenses which are charged in conjunction with a DUI and incorporated in the DUI-related felony or misdemeanor criminal complaint. DUI arrests and related traffic offenses charged in conjunction with a DUI, which are incorporated in the DUI-related felony or misdemeanor criminal complaint, shall be recorded on a General Offense (GO) Report, which shall be prepared and submitted via the Records Management System (RMS).

EXCEPTION: An Incident Report/Incident Report--Part II, Forms SP 7-0050 and SP 7-0050A, and Intoxication Work Sheet, Form SP 7-0050B, shall be prepared and submitted in lieu of a GO Report in the event the investigating member has not been trained on the use of the RMS, Phase II.

In accordance with Title 42, Judicial Code, all summary offenses arising from the same act in which a petition alleging delinquency is filed against a juvenile shall be included on the petition alleging delinquency.

Entries on the Traffic Citation (paper form) shall be printed legibly using a ballpoint pen. When an error is made in preparing a Traffic Citation, a single line shall be drawn through the error, and the correct information shall be printed immediately above it.

Members and MCEOs shall be held accountable for all Traffic Citations (paper form) provided to them. Upon the transfer of a member or MCEO, all unused and pending Traffic Citations held by the member or MCEO shall be relinquished to the Station Commander or a Patrol Unit Supervisor, who shall be responsible for the subsequent completion of any pending Traffic Citations, and the redistribution of any unused Traffic Citations. Members and MCEOs shall also be held accountable for all TraCS Traffic Citation numbers issued to them. TraCS Traffic Citation numbers shall be obtained via the Enterprise Network and will be tracked using the member's or MCEO's personnel number. Upon transfer of a member or MCEO, all unused TraCS Traffic Citation numbers assigned to the transferring member or MCEO shall remain with them.

When applicable, the words NOLLE PROSSE or VOIDED shall be printed horizontally in red, across the center front of the remaining copies of the Traffic Citation (paper form). The initiating member or MCEO shall enter an explanation for such action on the reverse side of the Station/Final Disposition copy. An explanation is also required if

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FOUND NOT GUILTY, DISCHARGED, or PROSECUTION WITHDRAWN is indicated in Block 66 on the Station/Final Disposition copy of the Traffic Citation. When a TraCS Traffic Citation is used, and any such disposition is reported, the TraCS Traffic Citation Adjudication Report shall be printed, and the required explanation(s) shall be completed at the bottom of the report in the space provided. Station Commanders or Patrol Section Supervisors at Troop Headquarters shall review all such explanations for weaknesses, failures, and/or irregularities in law enforcement and/or judicial procedures. When deficiencies are identified, Station Commanders or Patrol Section Supervisors at Troop Headquarters shall ensure appropriate remedial action is instituted.

7. When delayed payment of the fine and costs is accepted by the Magisterial District Judge, the appropriate disposition code shall be circled in Block 66 on the Station/Final Disposition copy of the Traffic Citation (paper form), and the citation shall be processed as a completed case. Any such disposition associated with a TraCS Traffic Citation will be reported electronically by the Administrative Office of Pennsylvania Courts (AOPC) and automatically recorded in TraCS. If the defendant defaults on the delayed-payment agreement, and the Magisterial District Judge issues a warrant for the defendant's arrest, a new citation shall not be prepared. A copy of the Due Diligence of Warrant Service Report, Form SP 6-401, shall be attached to the Station copy of the Traffic Citation or the TraCS Traffic Citation Adjudication Form, whichever is applicable. Upon service of the warrant, supervisors shall ensure the copy of the Due Diligence of Warrant Service Report is replaced with the completed original.

8. Title 42, Judicial Code, Chapter 55, Section 5553 (e), as referenced in Section 6302 of the Vehicle Code, states, "No proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to three years after the commission of the offense." Whenever a disposition remains pending on a Traffic Citation/TraCS Traffic Citation more than three years after the date of the offense, the initiating member or MCEO, or Patrol Unit Supervisor or Station Commander handling cases of a transferred member or MCEO shall notify the appropriate Magisterial District Judge by submitting a written statement withdrawing the charge. The appropriate disposition code shall be circled in Block 66 on the Station/Final Disposition copy of the Traffic Citation. Disposition information for TraCS Traffic Citations withdrawn in accordance with this section will be reported electronically by AOPC via TraCS and can be accessed through the TraCS Statistical Reports module on the PSPiNet.

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Members and MCEOs issuing Traffic Citations/TraCS Traffic Citations shall not discuss the assessment of points with the driver or person being cited. Questions concerning points shall be referred to the Pennsylvania Department of Transportation.

10. When the TraCS application is used to prepare a TraCS Traffic Citation, and the mobile office printer malfunctions, the affected member or MCEO shall file the TraCS Traffic Citation and note the nature of the hardware failure/malfunction in the Comments/Officer's Notes Block.

D. CITATIONS REQUIRING SPECIAL INFORMATION

1. Permitting a Violation: The name and address of the person who was permitted to drive a vehicle in violation of the Vehicle Code shall be entered in Block 62 of the Traffic Citation (paper form), or in the Remarks Section of the TraCS Traffic Citation, whichever is applicable. If a Traffic Citation or TraCS Traffic Citation is also prepared for this person, the corresponding citation numbers shall be cross-referenced in Block 62 of each related Traffic Citation, or in the Remarks Section of each related TraCS Traffic Citation, whichever is applicable.

2. Racing Arrests: The names and addresses of all involved drivers, along with the corresponding citation numbers shall be cross-referenced in Block 62 of each Traffic Citation (paper form), or in the Remarks Section of each TraCS Traffic Citation, whichever is applicable.

E. BLOCK INSTRUCTIONS

Members and MCEOs shall refer to the TraCS online documentation, Help File, and internal Validation Function for specific instructions governing completion of the TraCS Traffic Citation. Specific instructions for completing the Traffic Citation (paper form) are as follows:

1. MAGISTERIAL DISTRICT NO.: Enter the number of the judicial district, magisterial district, and the magistrate number assigned to the Magisterial District Judge. Example: 14-3-02.

2. DOCKET NUMBER: To be completed by the Magisterial District Judge.

3. ADDRESS OF MAGISTERIAL DISTRICT OFFICE: Enter the complete mailing address of the appropriate Magisterial District Judge.

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OM 7-2 8/7/2019 DRIVER NUMBER: Enter the defendant's driver's license number.

C.D.L.: Place an "X" in the box if the driver has a commercial driver's license.

STATE: Place an "X" in the PA Box or include the abbreviation of the state which issued the driver's license.

D.O.B.: Self-explanatory.

SEX: Place an "X" in the appropriate box.

DEFENDANT NAME ? FIRST/MIDDLE/LAST: Enter the name of the defendant as it appears on their driver's license.

DEFENDANT ADDRESS (STREET ? CITY ? STATE ? ZIP CODE): Enter the complete address of the defendant. If the defendant has moved since issuance of the driver's license and does not have a Correction of Pennsylvania Driver's License, enter the present address in this block and the old address in Block 62.

VEH. REG. NO.: Enter the registration number of the vehicle being operated.

REG. YR.: Enter the last two digits of the registration year.

STATE: Place an "X" in the PA Box or include the abbreviation of the state which issued the registration plate.

MAKE: Enter the make of the vehicle operated by the defendant.

TYPE: Enter the standard abbreviation for the type of vehicle, using the codes provided in Appendage A.

COLOR: Enter the color(s) of the vehicle.

VEHICLE INFORMATION: Enter the appropriate information concerning any vehicle that may be in tow.

OWNER/LESSEE OR CARRIER NAME & ADDRESS: Enter the owner/lessee or carrier name and address as it appears on the registration card. If the owner/lessee or carrier and the defendant are the same, place an "X" in the Same as Defendant Box. If the owner/lessee or carrier has moved since issuance of the registration card and does not have a registration card bearing the new address,

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