Rule 452. Collateral.

 (A)  The issuing authority shall fix the amount of collateral, if any, to be deposited to insure a defendant’s appearance at the summary trial, which amount shall not exceed the full amount of the fine and costs.

 (B)  The collateral deposited shall be in United States currency or a cash equivalent.

 (C)  The collateral deposited may be forfeited after conviction at the summary trial and applied to payment of the fine and costs.

   The term ‘‘collateral’’ is intended to convey the dual purpose of the amount of money that is deposited. First, the amount deposited is used as bail to secure the defendant’s appearance at the summary trial. Second, the amount deposited is used as security, and may be forfeited in the event of a conviction to satisfy any fine and costs.

   A defendant may not be penalized or denied a hearing because he or she cannot pay the full amount of the fine and costs as collateral.

   Although this rule permits an issuing authority to fix collateral in an amount up to the full amount of fine and costs the issuing authority is not required to fix collateral or any particular amount of collateral, and may set an amount less than the fine and costs. The issuing authority may also release the defendant on recognizance when the issuing authority has reasonable grounds to believe that the defendant will appear or the defendant is without adequate resources to deposit collateral. To request a lower amount of collateral or to be released on recognizance, the defendant must appear personally before the issuing authority to enter a plea, as provided in Rules 408, 413, and 423.

   For the purpose of paragraph (B), any guaranteed arrest bond certificate issued by an automobile club or association pursuant to 40 P. S. §  837 (1959) would constitute a ‘‘cash equivalent.’’

   Official Note

   Rule 81 adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; Comment revised February 1, 1989, effective July 1, 1989; Comment revised May 14, 1999, effective July 1, 1999; renumbered Rule 452 and Comment revised March 1, 2000, effective April 1, 2001.

   Committee Explanatory Reports:

   Final Report explaining the May 14, 1999 Comment revisions published with the Court’s Order at 29 Pa.B. 2775 (May 29, 1999).

   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).