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Rule 470 – Procedures Related to License Suspension After Failure to Respond to Citation or Summons or Failure to Pay Fine and Costs

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When a defendant fails to comply with the 10-day response period set forth in Rules 407, 412, 422, and 456, the issuing authority shall notify the defendant in writing that, pursuant to Section 1533 of the Vehicle Code, the defendant’s license will be suspended if the defendant fails to respond to the citation or summons or fails to pay all fines and costs imposed or enter into an agreement to make installment payments for the fines and costs within 15 days of the date of the notice.
(B) Service of the notice required in paragraph (A) shall be by first class mail, and a copy shall be made part of the record.
(C) If the defendant does not respond by the fifteenth day, the issuing authority shall so notify the Pennsylvania Department of Transportation. The notice shall be sent by electronic transmission in the form prescribed by the Pennsylvania Department of Transportation. The issuing authority shall print out and sign a copy of the notice, which shall include the date and time of the transmission, and the signed copy shall be made part of the record.
(D) If the defendant responds to the citation or summons or pays all fines and costs imposed or enters into an agreement to make installment payments for the fines and costs imposed after notice has been sent pursuant to paragraph (C) , the issuing authority shall so notify the Pennsylvania Department of Transportation and request the withdrawal of the defendant’s license suspension. The notice and request shall be sent by electronic transmission. The issuing authority shall print out and sign a copy of the notice and request, which shall include the date and time of the transmission, and the signed copy shall be made part of the record.
(E) Upon request of the defendant, the attorney for the Commonwealth, or any other government agency, the issuing authority’s office shall provide a certified copy of any notices or any request form required by this rule.

234 Pa. Code ยง 470

Committee Explanatory Reports:

Report explaining the provisions of the new rule published with the Court’s Order at 23 Pa.B. 2811 (June 19, 1993) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the February 18, 2011 amendments to paragraphs (A) and (D) adding failure to pay fines and costs published with the Court’s Order at 41 Pa.B. 1168 (March 5, 2011) .