Corrections Related to the Abolition of the Traffic Court Final Report: 1/2/2018

FINAL REPORT1

Amendments to Pa.R.Crim.P. 140, 141, and 142

TECHNICAL CORRECTIONS RELATED TO THE ABOLITION OF THE 

PHILADELPHIA TRAFFIC COURT

On January 2, 2018, effective April 1, 2018, upon the recommendation of the 

Criminal Procedural Rules Committee, the Court amended Rules 140 (Contempt 

Proceedings Before Magisterial District Judges and Pittsburgh Magistrates Court 

Judges, and Philadelphia Traffic Court Judges), 141 (Appeals from Contempt 

Adjudications by Magisterial District Judges and Pittsburgh Magistrates Court Judges, 

and Philadelphia Traffic Court Judges), and 142 (Procedures Governing Defaults in 

Payment of Fine Imposed as Punishment for Contempt) to correct the references to the 

Philadelphia Traffic Court to reflect the abolition of that court and the transfer of its 

function to the Traffic Court Division of the Philadelphia Municipal Court. 

The Philadelphia Traffic Court was abolished with the process beginning in 2013 

with the passage of Act 17 of 2013. The Act transferred the functions and 

responsibilities of the Traffic Court to the Traffic Division of the Philadelphia Municipal 

Court. Shortly after the passage of the Act, the Committee developed a number of rule 

changes to reflect this transfer. These changes were adopted by the Court on May 7, 

2014, effective immediately upon adoption.

Most of the amendments changed references to the “Traffic Court” to the “Traffic 

Division of the Municipal Court.” However, Rules 140-142 that provide the procedures 

for contempt proceedings by the minor judiciary were treated somewhat differently. A 

paragraph was added to the Comment in each of these rules stating:

 

1

The Committee's Final Reports should not be confused with the official Committee 

Comments to the rules. Also, note that the Supreme Court does not adopt the 

Committee's Comments or the contents of the Committee's explanatory Final Reports.
Corrections Related to the Abolition of the Traffic Court Final Report: 1/2/2018 -2-

Pursuant to Act 17 of 2013, P.L. 55, No. 17 (June 19, 2013), 

the jurisdiction and functions of the Philadelphia Traffic Court 

were transferred to the Philadelphia Municipal Court Traffic 

Division. The terminology is retained in these rules because 

the Philadelphia Traffic Court, which is created by the 

Pennsylvania Constitution, has not been disestablished by 

constitutional amendment. Hearing officers of the 

Philadelphia Municipal Court Traffic Division do not have 

contempt powers of Philadelphia Traffic Court judges under

42 Pa.C.S. § 4139.

This was consistent with existing provisions in these Comments retaining 

reference to Pittsburgh Magistrate Court judges. Even though the function of the 

Pittsburgh Magistrate Court has been transferred to the Pittsburgh Municipal Court that

has been staffed entirely by magisterial district judges for some time, statutes 

referencing Pittsburgh Magistrate Court judges remain, particularly 42 Pa.C.S. § 4138 

that defines the contempt powers of these judges. Therefore, the Committee had 

decided to retain the references to Philadelphia Traffic Court judges in Rules 140-142 

because they still were authorized by the Pennsylvania Constitution and Act 17 

permitted those non-convicted sitting Traffic Court judges to continue to serve until they 

completed their current terms or until the Constitution had been amended. See 42 

Pa.C.S. §1321.

In April 2016, a referendum to amend Article V, Section 6 of the Pennsylvania 

Constitution formally abolishing the Traffic Court was passed and references to the 

Traffic Court have been removed from the Constitution. As a result, the Committee 

deemed it appropriate to modify these rules to reflect that change. 

Therefore, the remaining references to the Traffic Court contained in Rules 140-

142 are removed and the Comment language revised to state the reason for this 

removal. Additionally, references in the rules to 42 Pa.C.S. §4139 are being removed. 

Section 4139 defines the contempt powers of the Traffic Court judges. Even though 

that statute has not been repealed, it refers to the powers of an office that no longer 

exists. Finally, the format of the numeration of paragraphs in Rule 140 has been 

changed to make it consistent with that in the other rules.