COM., DEPT. OF TRANSP. v. Slack

623 A.2d 364, 628 A.2d 364, 153 Pa. Commw. 4, 1992 WL 230200, 1992 Pa. Commw. LEXIS 601
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 15, 1992
StatusPublished
Cited by11 cases

This text of 623 A.2d 364 (COM., DEPT. OF TRANSP. v. Slack) 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
COM., DEPT. OF TRANSP. v. Slack, 623 A.2d 364, 628 A.2d 364, 153 Pa. Commw. 4, 1992 WL 230200, 1992 Pa. Commw. LEXIS 601 (Pa. Ct. App. 1992).

Opinions

NARICK, Senior Judge.

Department of Transportation, Bureau of Driver Licensing (DOT) appeals from the order of the Court of Common Pleas of Northampton County that sustained the appeal of Kirk Slack and Jean Slack (Slacks) from two notices of registration privilege suspension imposed by DOT. We reverse.

On May 16,1991, DOT notified Jean Slack that the registration privilege on her 1990 Nissan would be suspended for three months, as a result of Allstate Insurance Company (Allstate) notifying DOT that the motor vehicle liability insurance policy covering that vehicle had been terminated on February 9, 1991. That same date, DOT notified Kirk Slack that the registration privilege on his 1974 Oldsmobile would be suspended for three months, as a result of Allstate’s notification that the motor vehicle liability insurance policy, covering that vehicle had also been terminated on February 9, 1991. The Slacks filed a single appeal petition from both notices of suspension to the trial court.

The parties agreed to submit the matter to the trial court on the documents offered by the parties. DOT submitted the correspondence from Allstate to DOT, which stated that it had cancelled the Slacks’ motor vehicle liability insurance policies on both vehicles for nonpayment of the policy premium.1 The Slacks submitted: (1) the statement of their payment record with Allstate, showing two notations of “notice of intent” sent to the Slacks for late payments; (2) Allstate’s letter to Jean Slack mailed to the Slacks’ last known address, but which was returned to Allstate as addressee unknown, which included the notice of policy cancellation; and (3) an application form for liability insurance with Atlantic Insurance Agency under an assigned risk plan which became effective April 18, 1991.

[7]*7On September 23, 1991, the trial court sustained the Slacks’ appeal, asserting that DOT had not met its burden of proving that the Slacks operated or permitted the operation of their vehicles during the period they were without financial responsibility and because there was no “evidence that the [Slacks] intentionally operated their motor vehicle without insurance.” (34a-35a).

On appeal,2 DOT argues that: 1) the trial court erred in permitting the Slacks to appeal two separate and distinct registration suspension notices in a single civil appeal; 2) the trial court erred in holding that DOT had not met its burden of showing that the Slacks used their vehicles during the lapse of financial responsibility; and 3) the trial court erred by adding an element of intent to Section 1786(d).

Before the trial court, the Slacks appealed two separate and distinct notices of registration suspension, concerning two separate and distinct motor vehicles in a single appeal filed under 75 Pa.C.S. § 1877.3 These registration suspension orders also involved two different vehicle owners. DOT asserts that the single civil appeal from the two orders is improper. We agree.

Each notice of suspension constitutes a final order of a governmental agency pursuant to 42 Pa.C.S. § 933(a)(l)(iii). The Commonwealth’s appellate courts have expressly disap[8]*8proved of the practice of filing a single appeal from more than one order. See Philadelphia Federation of Teachers, Local No. 3 v. Board of Education, 458 Pa. 342, 327 A.2d 47 (1974); General Electric Credit Corp. v. Aetna Casualty and Surety Co., 437 Pa. 463, 263 A.2d 448 (1970); Posel v. Redevelopment Authority of Philadelphia, 72 Pa.Commonwealth Ct. 115, 456 A.2d 243 (1983). In Department of Transportation v. Vento, 120 Pa. Commonwealth Ct. 211, 548 A.2d 385 (1988), we held that each DOT notice of suspension is a separate, appealable order and that in order for a court of common pleas to have jurisdiction over those suspensions, a separate appeal must be filed for each order.4

Here, the Slacks filed a single appeal from two separate and distinct notices of revocation suspensions. Under the rationale expressed in Vento, a separate appeal should have been filed for each vehicle whose registration was being suspended. The Slacks did not do so. While we believe the trial court erred in allowing the single appeal from the two notices of revocation suspensions, because of our final disposition of this case and for reasons of judicial economy, we will not remand to the trial court on this issue.

DOT suspended Slacks’ registrations for a period of three months, pursuant to 75 Pa.C.S. § 1786, which provides in pertinent part:

§ 1786. Required financial responsibility.
(a) General rule. — Every motor vehicle of the type required to be registered under this title which is operated or currently registered shall be covered by financial responsibility.
(d) Suspension of registration and operating privilege. — The Department of Transportation shall suspend the registra[9]*9tion of a vehicle if it determines that the required financial responsibility was not secured as required by this chapter and shall suspend the operating privilege of the owner or registrant for a period of three months if the department determines that the owner or registrant has operated or permitted the operation of the vehicle without the required financial responsibility. The operating privilege shall not be restored until the restoration fee for operating privilege provided by section 1960 (relating to restoration of operating privilege or vehicle restoration) is paid. Whenever the department revokes or suspends the registration of any vehicle under this chapter, the department shall not restore the registration until the vehicle owner furnishes proof of financial responsibility in a manner determined by the department, accompanied by the fee for restoration provided by section 1960. This section shall not apply in the following circumstances:
(1) The owner or registrant proves to the satisfaction of the department that the lapse in financial responsibility for a period less than 21 days and that the owner or registrant did not operate or permit the operation of the vehicle during the period of lapse in financial responsibility.

In order to sustain its burden of proof, DOT must establish: (1) that the vehicle in question is of a type required to be registered in the Commonwealth; and (2) that the required automobile liability insurance had been cancelled or otherwise terminated. Once DOT establishes these two facts the burden shifts to the registrant to show that Section 1786(d) is inapplicable because the lapse in the automobile liability insurance was for a period of less than 21 days. Additionally, the registrant must show that the vehicle in question was not operated during the period of lapse. See Department of Transportation v. Andrews, 143 Pa. Commonwealth Ct. 601, 600 A.2d 622 (1991).

There is no dispute that the Slacks’ vehicles must be insured in this Commonwealth.

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COM., DEPT. OF TRANSP. v. Slack
623 A.2d 364 (Commonwealth Court of Pennsylvania, 1992)

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623 A.2d 364, 628 A.2d 364, 153 Pa. Commw. 4, 1992 WL 230200, 1992 Pa. Commw. LEXIS 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-dept-of-transp-v-slack-pacommwct-1992.