Brown v. Department of Transportation

Commonwealth Court of Pennsylvania

Brown v. Department of Transportation

286 A.2d 492, 4 Pa. Commw. 308, 1972 Pa. Commw. LEXIS 555

CourtCommonwealth Court of Pennsylvania

DecidedJanuary 19, 1972

DocketAppeal, 256 C.D. 1971

StatusPublished

Cited by6 cases

This text of 286 A.2d 492 (Brown v. Department of Transportation) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Department of Transportation, 286 A.2d 492, 4 Pa. Commw. 308, 1972 Pa. Commw. LEXIS 555 (Pa. Ct. App. 1972).

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Opinion

Opinion by

Judge Rogers,

Section 620 of The Vehicle Code, Act of April 29, 1959, P. L. 58, 75 P.S. §620, confers upon any person whose operator’s license has been suspended the right to file a petition, within 30 days thereafter, for a hearing in the court of common pleas. The Secretary of the Department of Transportation suspended the operator’s license of Ronald J. Brown on November 30, 1970. Not until January 14, 1971, did Ronald J. Brown file his petition for a hearing with the Court of Common Pleas of Allegheny County. Although the tardy filing was apparent by the petition, the court granted a hearing de novo. The Commonwealth appeared below and unsuccessfully moved to quash the appeal as untimely. The court below entered into a hearing and sustained the appeal. This was error. No court has power to extend the time for appeal as an act of mere indulgence. City of Pittsburgh, et al. v. Public Utility Commission, et al., 3 Pa. Commonwealth Ct. 546, 284 A. 2d 808 (1971); Department of Highways v. Public Utility Commission, 189 Pa. Superior Ct. 111, 149 A. 2d 552 (1959).

The order of the Court of Common Pleas of Allegheny County is reversed, and the order of the Secretary of Revenue is reinstated. Reinstated suspension shall be issued within thirty (30) days.

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Opinion by

Judge Rogers,

Section 620 of The Vehicle Code, Act of April 29, 1959, P. L. 58, 75 P.S. §620, confers upon any person whose operator’s license has been suspended the right to file a petition, within 30 days thereafter, for a hearing in the court of common pleas. The Secretary of the Department of Transportation suspended the operator’s license of Ronald J. Brown on November 30, 1970. Not until January 14, 1971, did Ronald J. Brown file his petition for a hearing with the Court of Common Pleas of Allegheny County. Although the tardy filing was apparent by the petition, the court granted a hearing de novo. The Commonwealth appeared below and unsuccessfully moved to quash the appeal as untimely. The court below entered into a hearing and sustained the appeal. This was error. No court has power to extend the time for appeal as an act of mere indulgence. City of Pittsburgh, et al. v. Public Utility Commission, et al., 3 Pa. Commonwealth Ct. 546, 284 A. 2d 808 (1971); Department of Highways v. Public Utility Commission, 189 Pa. Superior Ct. 111, 149 A. 2d 552 (1959).

The order of the Court of Common Pleas of Allegheny County is reversed, and the order of the Secretary of Revenue is reinstated. Reinstated suspension shall be issued within thirty (30) days.

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Bluebook (online)

286 A.2d 492, 4 Pa. Commw. 308, 1972 Pa. Commw. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-department-of-transportation-pacommwct-1972.

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