42 Pa. Cons. Stat. § 5553

Summary offenses involving vehicles.

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§ 5553. Summary offenses involving vehicles.

(a) General rule.--Except as provided in subsection (b) or (c), proceedings for summary offenses under Title 75 (relating to vehicles) must be commenced within 30 days after the commission of the alleged offense or within 30 days after the discovery of the commission of the offense or the identity of the offender, whichever is later, and not thereafter.

(b) Minor offenses.--(Deleted by amendment).

(c) Exceptions.--

(1) Where proceedings are timely commenced against a person reasonably believed to have committed the summary offense or offenses charged and it subsequently appears that a person other than the person charged is the offender, proceedings may be commenced against the other person within 30 days after the identity of the person is discovered and not thereafter.

(2) Proceedings for summary offenses under Title 75 may be commenced within 365 days after the commission of the offense, the discovery of the commission of the offense or the discovery of the identity of the offender, whichever is later, and not thereafter if the offense involved an accident resulting in the bodily injury or death of any person.

(3) Where a police officer reasonably believes that there are multiple summary offenses arising out of the same conduct or the same criminal episode and that an offense under 75 Pa.C.S. § 1543 (relating to driving while operating privilege is suspended or revoked) has occurred, proceedings on all summary offenses arising from the conduct or episode may be commenced at the same time and must be commenced within 30 days after the commission of the alleged offenses or within 30 days after the discovery of the commission of the offenses or the identity of the offender or within 30 days after the police officer receives verification of the basis for the suspension from the Department of Transportation as required under 75 Pa.C.S. § 1543(d), whichever is later, and not thereafter.

(d) Local ordinances on overtime parking.--Local ordinances pertaining to overtime parking shall be subject to the provisions of this section.

(e) Disposition of proceedings within three years.--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.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; June 15, 1982, P.L.512, No.141, eff. 60 days; Nov. 29, 2004, P.L.1325, No.166, eff. 60 days; Nov. 29, 2004, P.L.1364, No.176, eff. imd.)

2004 Amendments. Act 166 amended subsecs. (c) and (e) and Act 176 amended subsecs. (a) and (c) and deleted subsec. (b). Act 176 overlooked the amendment by Act 166, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 5553.

Cross References. Section 5553 is referred to in section 5554 of this title.

Notes of Decisions

Cited in 34 cases (1 in the last 5 years), 1978–2024 · leading case: Commonwealth v. Koch

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Commonwealth v. Koch (1982) pasuperct · cites it 6× “[7] The thirty-day *359 limitation, 42 Pa.C.S. § 5553(a), [8] only applies to the institution of proceedings for summary offenses under the Vehicle Code and, as appellant admits in his appellate brief, neither the complaint nor the information charged him with a summary offense.”

Commonwealth v. Markley (1988) pasuperct · cites it 8× “Statutes of limitations pertaining to summary motor vehicle offenses have been enacted by the legislature and appear at 42 Pa.C.S. § 5553(a), (b), and (c). Subsection (e) of the same section provides further as follows: (e) Disposition of proceedings within two years No…”

Commonwealth v. Stover (1988) pa · cites it 6× “2d 550 (1982), held that proceedings against a defendant charged with summary violations of the Vehicle Code were required, pursuant to 42 Pa.C.S. § 5553(a), to be instituted within thirty days after the commission of the offense.”

Commonwealth v. Hilfiger (1992) pasuperct · cites it 6× “The statute of limitations for summary offenses under the motor vehicle code are set forth at 42 Pa.C.S. § 5553. This section states in relevant part: (a) General Rule.”

Gelnett v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (1996) pacommwct · cites it 6× “By claiming a statute of limitations defense under Section 5553(e) of the Judicial Code, 42 Pa.C.S. § 5553(e), Gelnett succeeded in having these citations for failure to respond dismissed.”

Commonwealth v. Grubb (1992) pacommwct · cites it 2× “The licensee relies on Section 5553 of the Judicial Code which provides that “[n]o proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to two years after the commission of the offense.”

Commonwealth v. Danks (1988) pacommwct · cites it 3× “1 Danks appealed his suspension of operating privilege^ to the trial court, arguing that suspension of his license was barred by section 5553(e) of the Judicial Code, 42 Pa. C. S. §5553(e). The trial court sustained Danks’ appeal concluding that the suspension of operating…”

Shughart v. Commonwealth (1982) pacommwct · cites it 3× “202 and its provisions were reenacted in substantially the same terms by Section 10(65) of JARA and now appear at 42 Pa. C. S. §5553. 3 Thus, the provisions of the repealed Section *485 6302 of the Vehicle Code must be construed as continuing in active operation although they…”

O'NEILL v. City of Philadelphia (1993) paed · cites it 2× “1, when it unlawfully extended the applicable statute of limitations by holding proceedings on parking violations that were time barred pursuant to Pennsylvania law, 42 Pa.Cons.Stat. § 5553(e). The Fourth Count further claims that these proceedings also violated 42 Pa.”

Commonwealth v. Geyer (1996) pa “42 Pa.C.S. § 5553. Pa.R.Crim.P. 60, directs an officer to issue a citation, where feasible, directly to the defendant at the time of the offense.”

Commonwealth v. Doleno (1993) pasuperct · cites it 2× “In the alternative, appellant argues that the prosecution against him is barred under 42 Pa.C.S. § 5553(e) as the trial was held over two years after the commission of the offense.”

Commonwealth v. Larson (1982) pasuperct “42 Pa.C.S. § 5553(a), 1 as in effect in April and May, 1980, provided: Except as provided in subsection (b) or (c), proceedings for summary offenses under Title 75 (relating to vehicles) shall be instituted within 30 days after the commission of the alleged offense or within 30…”

Show all 34 citing cases →

— 42 Pa. Cons. Stat. § 5553(a) — 9 cases

Commonwealth v. Koch (1982) pasuperct “[7] The thirty-day *359 limitation, 42 Pa.C.S. § 5553(a), [8] only applies to the institution of proceedings for summary offenses under the Vehicle Code and, as appellant admits in his appellate brief, neither the complaint nor the information charged him with a summary offense.”

Commonwealth v. Stover (1988) pa “2d 550 (1982), held that proceedings against a defendant charged with summary violations of the Vehicle Code were required, pursuant to 42 Pa.C.S. § 5553(a), to be instituted within thirty days after the commission of the offense.”

Commonwealth v. Markley (1988) pasuperct “Statutes of limitations pertaining to summary motor vehicle offenses have been enacted by the legislature and appear at 42 Pa.C.S. § 5553(a), (b), and (c). Subsection (e) of the same section provides further as follows: (e) Disposition of proceedings within two years No…”

Commonwealth v. Urbasik (1986) pacommwct

— 42 Pa. Cons. Stat. § 5553(c)(3) — 2 cases

Com. v. Dibble, J. (2019) pasuperct

Chernou Cab Corp. v. PPA (2016) pacommwct

— 42 Pa. Cons. Stat. § 5553(e) — 22 cases

Gelnett v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (1996) pacommwct “By claiming a statute of limitations defense under Section 5553(e) of the Judicial Code, 42 Pa.C.S. § 5553(e), Gelnett succeeded in having these citations for failure to respond dismissed.”

Commonwealth v. Grubb (1992) pacommwct “The licensee relies on Section 5553 of the Judicial Code which provides that “[n]o proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to two years after the commission of the offense.”

Commonwealth v. Danks (1988) pacommwct “1 Danks appealed his suspension of operating privilege^ to the trial court, arguing that suspension of his license was barred by section 5553(e) of the Judicial Code, 42 Pa. C. S. §5553(e). The trial court sustained Danks’ appeal concluding that the suspension of operating…”

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