PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3

PHILADELPHIA POLICE DEPARTMENT

DIRECTIVE 3.2

Issued Date: 03-31-15

Effective Date: 03-31-15

Updated Date: 06-11-19

SUBJECT: VEHICLE LAW OF PENNSYLVANIA (VEHICLE CODE) VIOLATIONS PLEAC 2.4.1

INDEX

SECTION 1 2

3

4

5

6

7

8

9 10 11 12 Example

Appendix "A"

TITLE Policy

PAGE NUMBER 1

Requisition of Traffic Citations and

2

Parking Violation Reports

Internal Control of Traffic Citations and

2

Parking Violation Report Books

Preparation and Issuance of Traffic Citations

3

and Parking Violation Reports

Review and Processing of Traffic Violation

7

(TVR) Reports

Cancellation of Traffic Citations and Parking

9

Violation Reports

Cancellation of Traffic Violations (TCs or PVRs),

11

Red Light Camera, Speed Timing Camera, and Toll

Booth Violations Issued to Police Vehicles

Motor Vehicle Code, Section ?4581: Occupant

13

Protection Laws

Pennsylvania Graduated License Program

15

Motor Carriers Road Tax

17

Resident Permit Parking Districts

19

List of Permit Parking Districts

20

Cancellation of Violation Issued to Police

Vehicle Letter

Traffic Citation (TC) Preparation Instructions

Appendix "B"

Parking Violation Report (PVR) Preparation Instructions

PHILADELPHIA POLICE DEPARTMENT

DIRECTIVE 3.2

Issued Date: 03-31-15

Effective Date: 03-31-15

Updated Date: 06-11-19

SUBJECT: VEHICLE LAW OF PENNSYLVANIA (VEHICLE CODE) VIOLATIONS PLEAC 2.4.1 ______________________________________________________________________________

1. POLICY

A. In accordance with Title 75 Pa. C.S.A., Vehicle Law of Pennsylvania (Vehicle Code), only uniformed police personnel will issue Traffic Citation Reports (TC).

*2/*3

NOTE: In all situations where a vehicle, including a bicycle, is stopped based upon reasonable suspicion or for Vehicle Code Violations and the operator/owner is ultimately arrested, officers SHALL NOT ISSUE ANY TRAFFIC CITATIONS TO THE OPERATOR/OWNER. The facts and circumstances of all Vehicle Code violations, along with the specific code numbers, will be documented by whoever prepares the PARS/PIIN/75-49 report. The District Attorney's Office Charging Unit will add the Vehicle Code Violations to the list of criminal charges to ensure all charges and violations are addressed by the same court.

B. There are two types of violations:

1. Traffic Citation (TC)--Traffic citations will be distributed and controlled by Philadelphia Traffic Court. Traffic citations will be used for moving violations only.

2. Parking Violation Report (PVR)--Parking violation reports will be distributed and controlled by the Philadelphia Parking Authority. Parking violation reports are used for parking violations only. All parking violations are reported as violations of the Philadelphia Traffic Code.

C. Every reasonable effort will be made to enforce parking laws, stop moving violators, and issue the proper TC or PVR. In some situations, a verbal warning is an appropriate alternative to issuing a traffic violation.(PLEAC 2.4.1)

NOTE: The unauthorized practice known as "hard-backing" a violation (TC or PVR) is strictly prohibited. Hard-backing is when a copy of the TC is not provided to the operator of the vehicle at the time of the violation, or a copy of the PVR is not left on the windshield of the vehicle at the time of the violation. Any police officer who engages in this prohibited practice is subject to departmental discipline. Refer to Section 4-C-2 for permissible exceptions.

DIRECTIVE 3.2 - 1

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2. REQUISITION OF TRAFFIC CITATIONS AND PARKING VIOLATION REPORTS

A. Commanding Officers, Districts/Units will make a requisition for TCs and PVRs by:

1. Traffic Citations - Prepare a memorandum, in duplicate, to the Commanding Officer, Philadelphia Traffic Court Liaison Unit, requesting the number of TC books needed. When the memorandum is presented, Traffic Court Liaison Unit personnel will sign and record on the original and copy of the memorandum and the beginning and ending citation numbers of those books being issued. Traffic Court will keep the original and a copy will be returned to the district/unit along with the citation books and will be retained in the district/unit files.

a. Commanding Officers will ensure that the citation books received match with those invoiced on the memorandum.

2. Parking Violation Reports - Prepare a memorandum in duplicate, to the Manager of

Ticket Operations, Philadelphia Parking Authority, requesting the number of PVRs

needed. When the memorandum is presented to the Philadelphia Parking

*1

Authority, 35 North 8th Street, Parking Authority personnel will provide the officer

with a receipt listing the number of books being issued and their corresponding

ticket numbers. The second copy of the memorandum and receipt will be returned

to the district with the ticket order and retained in district/unit files.

a. Commanding Officers will ensure the PVR books received are match with those listed on the receipt received from the Parking Authority.

B. The Operations Room Supervisor (ORS) will return defective book(s) by preparing a Request for Cancellation (Form 75-147), in quadruplicate (original and three copies), describing the nature of the defect(s).

1. Defective Traffic Citation books--Return the defective books along with the original and one copy of the 75-147 to the Deputy Administrator, Operations, Philadelphia Traffic Court. Forward one copy to the Police Liaison Officer, Traffic Court, and retain the last copy of the 75-147 in the district/unit files.

2. Defective Parking Violation Books - Return the defective books along with the original and two copies of the 75-147 to the Philadelphia Parking Authority and retain the last copy of the 75-147 in the district/unit files.

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3. INTERNAL CONTROL OF TRAFFIC CITATION AND PARKING VIOLATION REPORT BOOKS

A. Responsibilities of the Operations Room Supervisor (ORS):

DIRECTIVE 3.2 - 2

1. Ensure all traffic violation books are distributed in strict numerical order, starting with the lowest number.

2. Prepare Control Log (75-189) for each 12PM x 8AM tour of duty as follows:

a. Traffic Citation Books--Prepare the 75-189 in triplicate listing the distribution of all traffic citation books by that district/unit for the previous 24 hour period. Forward the original to the Deputy Administrator, Operations, Philadelphia Traffic Court, and the second copy to the Police Liaison Officer, Traffic Court. Retain the last copy in the district/unit files.

b. Parking Violation Books--Prepare the 75-189 in triplicate listing the distribution of all parking violation books by that district/unit for the previous 24-hour period. Forward the original to the Manager of Ticket Operations, Philadelphia Parking Authority, and the second copy to the Police Liaison Officer, Traffic Court. Retain the last copy in the district/unit files.

3. Ensure all officers transferred, detailed out, or severed from service return their TC or PVR books to the ORS.

a. Ensure that all copies of the remaining TCs or PVRs listed on the front cover of the book are present in the returned book and in consecutive order.

b. Place the used books in with the current supply. Used books will be reissued to officers before new books are issued.

4. UNDER NO CIRCUMSTANCES WILL T.C. OR P.V.R. BOOKS BE GIVEN TO OR EXCHANGED WITH OTHER DISTRICTS OR UNITS.

______________________________________________________________________________

4. PREPARATION AND ISSUANCE OF TRAFFIC CITATIONS AND PARKING VIOLATION REPORTS

A. Upon receipt of a traffic citation (TC) book, the receiving officer will:

1. Examine each book received to ensure that all tickets are present and in consecutive order. Immediately return defective books to the ORS for replacement. Sign the 75-189 for books issued. Record required information on the front of the book and the TVR Control Log (75-430). Attach the 75-430 to the ticket book.

a. Traffic Citation books will contain 20 tickets per book.

b. Parking Violation Report books will contain 25 tickets per book.

B. When preparing a TC, the officer will print all required information in the spaces provided using a ballpoint pen. After completing the violation, check all copies for legibility and completeness.

DIRECTIVE 3.2 - 3

1. When two police officers assigned to the same police vehicle, stop a motorist for violations of the Pennsylvania Vehicle Code and/or Philadelphia Traffic Code, and more than one TC is issued as a result of the same incident, only one officer will issue the TC(s) for that incident.

2. Officer(s) will prepare a 75-48A on all occupied vehicle investigations. The number of TCs issued and the citation number will be included in the additional information section of the 75-48A.

C. Traffic Citations (TC)--Follow the block-by-block instructions in Appendix "A" of this directive to properly complete a TC.

1. WHEN ISSUING A TRAFFIC CITATION, THE ISSUING OFFICER WILL ENTER A COMPLETE DESCRIPTION OF THE INCIDENT IN THE REMARKS SECTION OF EACH CITATION THAT IS BEING ISSUED. Additionally, when the defendant cannot provide a driver's license (Section 1501 and 1511 of the Vehicle Code) a description of the defendant will be entered in the remarks section.

2. In cases where the defendant is not given a copy of the citation (i.e., abandoned autos, AID investigation), the date the TC was sent to Traffic Court will be entered and the "filed" section will be marked in block 64 on the TC. In these cases, all copies of the citation, including the defendant's copy, will be forwarded to Traffic Court. An explanation of why the ticket was not given to the operator will be recorded in the remarks section. In addition, any other information that will help identify the vehicle, the vehicle's owner and/or operator will also be listed. Traffic Court will ensure the defendant's copy is mailed to the defendant.

3. When issuing a TC for Section 1301, 1311 and 1786 (C) (F) of the Vehicle Code, the violator may provide in person, documentation within five (5) calendar days to Traffic Court for adjudication of the specified traffic violations. When issuing a TC for sections 1501 and 1511 of the Vehicle Code, the violator may provide in person, documentation within fifteen (15) calendar days to Traffic Court for adjudication of the specified traffic violations. For all other violations, the violator must respond within ten (10) calendar days to Philadelphia Traffic Court or an arrest warrant will be issued.

4. Whenever an officer issues a TC for 1501-A (Driving without a License) or 1543 (Driving while License is Suspended or Revoked), a Bureau of Motor Vehicles (BMV) check will be made via computer and a copy of the computer printout of the check will be attached to the "Police" copy of the TC.

D. Parking Violation Reports--Follow the block-by-block instructions in Appendix "B" of this directive to properly complete a PVR.

E. When an error is made during the preparation of either a TC or a PVR and a replacement ticket is being prepared, the issuing officer will:

DIRECTIVE 3.2 - 4

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