42 Pa. Cons. Stat. § 1302

Jurisdiction and venue.

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 1302. Jurisdiction and venue.

(a) General rule.--Except as set forth in subsection (a.1) or as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each traffic court shall have jurisdiction of all prosecutions for summary offenses arising under:

(1) Title 75 (relating to vehicles).

(2) Any ordinance of any political subdivision enacted pursuant to Title 75.

(a.1) Traffic Court of Philadelphia.--(Expired).

(b) Concurrent and exclusive jurisdiction.--The jurisdiction of a traffic court under this section shall be exclusive of the courts of common pleas and magisterial district judges, except that such jurisdiction shall be concurrent with the magisterial district judges whenever the traffic court is closed.

(c) Venue and process.--The venue of a traffic court concerning matters over which jurisdiction is conferred by this section shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the political subdivision for which it is established to the extent prescribed by general rule.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; June 19, 2013, P.L.55, No.17, eff. imd.)

2018 Expiration. Subsection (a.1) expired January 1, 2018. See Act 17 of 2013.

2013 Amendment. Act 17 amended subsec. (a) intro. par. and added subsec. (a.1).

2004 Amendment. Act 207 amended subsec. (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

1978 Amendment. Act 53 amended subsec. (a).

Notes of Decisions

Cited in 26 cases (3 in the last 5 years), 1980–2021 · leading case: Commonwealth v. Perfetto

Sort: Relevance Newest Treatment

Commonwealth v. Perfetto (2017) pasuperct · cites it 7× “One such example of where the exclusive jurisdiction of the court of common pleas is superseded by the exclusive jurisdiction of a minor court or magistrate district judge is found in 42 Pa.C.S. § 1302, which governs the jurisdiction and venue of traffic courts.”

Commonwealth v. Perfetto, M., Aplt. (2019) pa · cites it 2× “1) of the Judicial Code, 42 Pa.C.S. § 1302(a.1), which is entitled "Traffic Court of Philadelphia.”

Commonwealth v. Masterson (1980) pasuperct · cites it 2× “This provision has since been repealed and replaced by the Judicial Code, 42 Pa.C.S. § 1302 (1979), which has not altered the Act in any fashion material to this litigation.”

O'NEILL v. City of Philadelphia (1993) paed “Under 42 Pa.Cons.Stat. § 1302, the Pennsylvania General Assembly assigned Traffic Court exclusive jurisdiction over all summary offenses arising under Title 75 (Motor Vehicles) and under Local Ordinances enacted pursuant to Title 75.”

O'NEILL v. City of Philadelphia (1998) pacommwct “Sections 1302 and 1321 of the Judicial Code, 42 Pa.C.S. §§ 1302 and 1321. 2 . Section 5 of the Act of June 5, 1947, P.”

Commonwealth v. Bernal (1992) pasuperct “42 Pa.C.S. § 1302. Section 1123(a)(2) of the Judicial Code confers jurisdiction on the Philadelphia Municipal Court for criminal offenses "punishable by imprisonment for a term of not more than five years, including indictable offenses under Title 75 (related to vehicles).”

Com. v. Atkinson, D. (2021) pasuperct “See 42 Pa.C.S. § 1302 (effective Jan. 31, 2005 to June 18, 2013, Traffic Court’s jurisdiction did not extend to either misdemeanor or felony offenses) (emphasis added); see also id.”

Commonwealth v. Coronett (1983) pasuperct · cites it 2× “42 Pa.C.S. § 1302. The language of the Judicial Code thus unequivocally supports the Masterson holding, and our decision here is controlled by that holding.”

Com. v. Powell, J. (2017) pasuperct · cites it 3× “In Perfetto, this Court determined that 42 Pa.C.S. § 1302, which governs the jurisdiction of traffic courts, creates an exception to the compulsory joinder rule.”

Com. v. Schmanek, D. (2017) pasuperct · cites it 3× “This Court in Perfetto emphasized that jurisdictional considerations were significant “in those judicial districts that, for various reasons, have distinct minor courts or magisterial district judges vested with exclusive jurisdiction over specific matters,” since “42 Pa.C.S. §…”

Com. v. Kolaski, C. (2017) pasuperct · cites it 3× “In Perfetto, this Court determined that 42 Pa.C.S. § 1302, which governs the jurisdiction of traffic courts, creates an exception to the compulsory joinder rule.”

Com. v. Hubbard, T. (2019) pasuperct · cites it 3× “To arrive at its holding, the Perfetto Court specifically relied upon jurisdictional guidance in 42 Pa.C.S. § 1302(a.1), a statute that “was instituted in tandem with the General Assembly’s 2013 restructuring of the Philadelphia Municipal Court.”

Show all 26 citing cases →

— 42 Pa. Cons. Stat. § 1302(a) — 4 cases

Commonwealth v. Perfetto (2017) pasuperct “One such example of where the exclusive jurisdiction of the court of common pleas is superseded by the exclusive jurisdiction of a minor court or magistrate district judge is found in 42 Pa.C.S. § 1302, which governs the jurisdiction and venue of traffic courts.”

Com. v. Hubbard, T. (2019) pasuperct “To arrive at its holding, the Perfetto Court specifically relied upon jurisdictional guidance in 42 Pa.C.S. § 1302(a.1), a statute that “was instituted in tandem with the General Assembly’s 2013 restructuring of the Philadelphia Municipal Court.”

Com. v. Cooper, J. (2021) pasuperct

Com. v. Perfetto, M. (2017) pasuperct

— 42 Pa. Cons. Stat. § 1302(b) — 6 cases

Com. v. Powell, J. (2017) pasuperct “In Perfetto, this Court determined that 42 Pa.C.S. § 1302, which governs the jurisdiction of traffic courts, creates an exception to the compulsory joinder rule.”

Com. v. Kolaski, C. (2017) pasuperct “In Perfetto, this Court determined that 42 Pa.C.S. § 1302, which governs the jurisdiction of traffic courts, creates an exception to the compulsory joinder rule.”

Com. v. Hall, F. (2017) pasuperct

Com. v. Jordan, G. (2017) pasuperct

Com. v. Cooper, J. (2017) pasuperct

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.