Rule 540 - Bail for Traffic Court ScofflawsA. Procedure When a Defendant Is Arrested Pursuant to Traffic Division Warrants When the Traffic Division is Closed.1. The defendant shall be taken without unnecessary delay to a Philadelphia Police Offender Processing site or county prison. The defendant shall be identified, and the outstanding warrant(s) and total amount of any fine and costs owed shall be confirmed. 2. The defendant shall appear before an Arraignment Court Magistrate by means of two-way simultaneous audio-video equipment for a warrant hearing. The proceeding before the Arraignment Court Magistrate shall be as set forth below in paragraph (B). B. Proceeding Before the Arraignment Court Magistrate. Warrant Hearing. Scheduling of Traffic Division proceeding. 1. The Arraignment Court Magistrate shall determine whether the defendant should be released pending the next Traffic Division hearing, and if so, whether collateral must be posted by the defendant to secure defendant's release pending the next Traffic Division hearing. If the Arraignment Court Magistrate determines that collateral must be posted, the Arraignment Court Magistrate shall set collateral as provided in Pa.R.Crim.P. 1034.2. The Arraignment Court Magistrate shall schedule a hearing before the Traffic Division using a Subpoena/Commitment form.3. The defendant shall sign the Subpoena/Commitment form and shall be given a copy.4. If the posting of collateral is ordered and is not posted by or on behalf of the defendant, the defendant shall be brought to the county prison and shall be brought down for the scheduled Traffic Division proceeding. Provided, however, that the defendant shall be released promptly upon the posting of the collateral set by the Arraignment Court Magistrate. 5. At the conclusion of the hearing, the Arraignment Court Magistrate shall direct that all outstanding Traffic Division warrants against the defendant be withdrawn.Note: Amended by the Municipal Court Board of Judges on January 18, 2006. Effective 3/1/2006; amended May 9, 2014, effective thirty (30) days after publication in the Pennsylvania Bulletin.Comment: Consistent with Pa.R.Crim.P. 1034 the Arraignment Court Magistrate shall set collateral in a reasonable amount, i.e. an amount which upon consideration of the defendant's income and the defendant's expenses may be reasonably posted by the defendant. It is the intention of the court that most, if not all, defendants will be released pending the date of the summary trial or hearing. However, should the records of the Traffic Division disclose that the defendant has a history of failure to appear for Traffic Division summary trials or hearings, especially after personal service of the notice of trial or scheduling order, the Arraignment Court Magistrate may direct that the defendant be held until the summary trial or hearing date and may be released only upon payment of the full amount of collateral or outstanding fines. Should the defendant be ordered held until the date of the summary trial or hearing, the summary trial or hearing should be scheduled as soon as practical.