COM., DEPT. OF TRANSP. v. Empfield

585 A.2d 442, 526 Pa. 220, 1991 Pa. LEXIS 20
CourtSupreme Court of Pennsylvania
DecidedJanuary 25, 1991
Docket88 W.D. Appeal Docket 1989
StatusPublished
Cited by10 cases

This text of 585 A.2d 442 (COM., DEPT. OF TRANSP. v. Empfield) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
COM., DEPT. OF TRANSP. v. Empfield, 585 A.2d 442, 526 Pa. 220, 1991 Pa. LEXIS 20 (Pa. 1991).

Opinion

OPINION

CAPPY, Justice.

The question before us is whether the Commonwealth Court committed an error of law in determining that appellee’s driver’s license was improperly suspended for six months pursuant to Section 1532(b)(2) of the Vehicle Code, 1 where he has been twice convicted of driving without a valid driver’s license under Section 1501(a) of the Vehicle Code, but where he held a valid driver’s license that expired twenty-eight days prior to the second offense.

*222 Because we find the language of Section 1532(b)(2) clearly and unambiguously provides for a six month suspension upon a subsequent conviction under Section 1501(a), appellee should receive such suspension since he has been twice convicted of driving without a license under Section 1501(a). We therefore reverse the decision of the Commonwealth Court.

Empfield was convicted of violating 75 Pa.C.S. § 1501(a) (Drivers Required to be Licensed) on October 28, 1981, 2 and again on January 1, 1988. Section 1501(a) provides as follows:

(a) General rule. No person, except those expressly exempted, 3 shall drive any motor vehicle upon a highway in this Commonwealth unless the person has a driver’s license valid under the provisions of this chapter.

Upon receipt of a certified record of Empfield’s second conviction under Section 1501(a), the Department of Transportation, Bureau of Driver Licensing (“DOT”), acting pursuant to 75 Pa.C.S. § 1532(b)(2) and through a notice dated April 6, 1988, suspended Empfield’s driver’s license for six months commencing not later than May 11, 1988. Section 1532(b)(2) provides as follows:

(2) The Department shall suspend the operating privilege of any driver for six months upon receiving a certified record of the driver’s conviction of a subsequent offense under the following provisions:
Section 1501(a) (relating to drivers required to be licensed).
Section 1543 (relating to driving while operating privilege is suspended or revoked).

*223 Empfield appealed DOT’s suspension order to the Court of Common Pleas of Indiana County, which dismissed the suspension upon a determination “that a period of seven years elapsed between violations for Sections 1501 and that the maximum penalty on said violation under the circumstances here found by the Court is twenty-five dollars.” 4 DOT appealed to the Commonwealth Court, which affirmed the dismissal of the suspension based upon a statutory construction analysis of Sections 1532(b) and 1501.

The Commonwealth Court determined that through Section 1501(d), the penalty subsection of Section 1501, the Legislature had intended to draw “a distinction between the motorist who drives without a license and the motorist who already has a valid license and simply forgets to send in his renewal form and fee on time.” Commonwealth, Department of Transportation, Bureau of Driver Licensing v. Empfield, 123 Pa.Commw. 82, 85, 552 A.2d 1154, 1155 (1989). Section 1501(d) provides that the fine for violating 1501(a) is $200.00 unless the person charged “held a driver’s license valid on the last day of the preceding driver’s license period and no more than one year has elapsed from the last date of renewal, whereupon the fine is only $25.00.”

The court drew a corollary between this failure to renew a license situation and those where a driver fails to renew a vehicle registration or inspection, which provide for a similar $25.00 fine but are not the basis for a suspension. In further support of this distinction, the Commonwealth Court relied upon an analysis of the other violations that mandate suspensions under Section 1532(b), which all provide for fines of $200.00, and which “all relate to intentional conscious acts calculated to violate the law.” Commonwealth, Department of Transportation, Bureau of Driver Licensing v. Empfield, 123 Pa.Commw. 82, 85, 552 A.2d 1154, 1155 (1989).

The Commonwealth Court determined that a “[fjailure to send in a form on time needed to renew a perfectly valid license is not in the same category as racing on a highway, *224 hit and run, attempting to elude police officers or avoid arrest, driving under suspension, or driving without any license at all,” id., and therefore determined that the statutory suspension scheme of the Legislature intended to impose suspensions for the $200.00 offenses, and not Empfield’s $25.00 failure to renew violation of Section 1501(a). DOT petitioned this Court for allowance of appeal, and we granted allocatur.

Before us, DOT argues that the Commonwealth Court has ignored the clear and unambiguous language of the Vehicle Code, has engaged in a search for legislative intent that is not proper or warranted, and has judicially amended a statute that the Legislature has not seen fit to amend. We agree.

There is no dispute that Empfield has been twice convicted for committing the offense of operating a vehicle without a valid driver’s license, 75 Pa.C.S. § 1501(a). There is also no dispute that 75 Pa.C.S. § 1532(b)(2) provides for a six month suspension for persons receiving a subsequent conviction under Section 1501(a). Therefore, it would seem obvious that Empfield would be subject to a six month suspension. However, the Commonwealth Court does not believe that Section 1532(b)(2) provides such a plain meaning despite the fact that in the case sub judice it did not find Section 1532(b) ambiguous as it relates to Section 1501(a), and the fact that it has found Section 1532(b)(2) “clear and free from ambiguity” in the past. Bronchik v. Department of Transportation, 101 Pa.Commw. 231, 515 A.2d 1045, 1046 (1986). (Six month suspension for any subsequent conviction under Section 1501(a) is clear intent of section — and thus, there is no time limitation during which subsequent offense must occur). (Emphasis added).

The Statutory Construction Act 5 provides that “when the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” 1 Pa.C.S. § 1921(b). When *225 the language of a statute is clear and unambiguous, the Judiciary must read its provisions in accordance with their plain meaning and common usage. 1 Pa.C.S. § 1903(a); Commonwealth v. Bell, 512 Pa. 334, 339, 516 A.2d 1172, 1175 (1988); In re: Estate of Baker, 496 Pa. 577, 437 A.2d 1191 (1981);

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Cite This Page — Counsel Stack

Bluebook (online)
585 A.2d 442, 526 Pa. 220, 1991 Pa. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-dept-of-transp-v-empfield-pa-1991.