Tax Review Board - Philadelphia

**JonEMTP** · July 27th, 2011, 04:21 AM

So, today I went down to an Administrative Review Hearing in Philadelphia for one of their questionably legal Cell Phone Violation tickets. I got the ticket in April of last year, and after 1 continuance, I find myself fighting it 15 months later.

Seeing as I was going to be in the City of Filthidelphia, I CC'd. Went with my brother (buddy system, also CC'ing, and there as a witness for my case if needed).

The hearing room is in the back of the 4th floor, with NONE of the required signage anywhere under 18 Pa CSA 913. (1st floor building entrances, or anywhere on the 4th floor). There are no magnetometers.

There was one sign referring to "no eating or drinking in the courtroom." I asked the clerk if they were really a court facility, like Traffic Court or Municipal Court. She said no, and that it was just an administrative hearing.

So... From what I saw and asked about, they aren't specifically covered by 18 Pa CSA 913.

Hearing went off without an issue... and I proved that I wasn't even on my phone at the time of the violation. I lost more in pay today than the ticket would have cost me... but it's the principle of the thing.

**bob2055** · August 4th, 2011, 11:59 PM

Again the City of Philadelphia does NOT have the authority to regulate or have ordinances pertaining to traffic. In other words traffic laws are preempted by state law. There was a case in 2000 where Hilltown Township passed a law banning the use of hand held cell phone while driving. Judge Heckler struck down the ordinance stating only the Pennsylvania Legislature can regulate traffic laws. Here's the link to the story: Click Here

So if Hilltown Township can't have a hand held cell phone while driving ban neither can Philadelphia.

**jpg5080** · August 5th, 2011, 08:25 AM

Originally Posted by bob2055

Again the City of Philadelphia does NOT have the authority to regulate or have ordinances pertaining to traffic. In other words traffic laws are preempted by state law. There was a case in 2000 where Hilltown Township passed a law banning the use of hand held cell phone while driving. Judge Heckler struck down the ordinance stating only the Pennsylvania Legislature can regulate traffic laws. Here's the link to the story: Click Here

So if Hilltown Township can't have a hand held cell phone while driving ban neither can Philadelphia.

In addition, there was a case brought against the City of Allentown recently where the plaintiff won and the City's ordinance was ruled a preemption violation.
http://www.torttalk.com/2011/06/alle...d-invalid.html

**middlefinger** · August 5th, 2011, 09:47 AM

allentown and bethlehem did the same thing making cell phone use while driving illegal and passed out many tickets until somebody took them to court because townships or city's can not make driving laws .....they no longer ticket for cell use

**JonEMTP** · August 5th, 2011, 10:15 AM

As I understand it, It's being done as a City Code violation... and the LEO's that ticket are signed off to write code violations.

Because it's a code violation, it is fought at the same place as Code Violations for say, putting your trash out too early.

As I understand it, the Shitty has toed the line of preemption using their status as the Shitty of the Worst Class to work around some of the preemption rules.

Honestly, I don't care that much - I have always been careful. I had a PPD cop see me pass an iPod to my brother at a traffic light, and wrote me. iPod is NOT a Cell Phone... Cop didn't care. I went, explained such, and showed cell phone bill that I wasn't on a call.