Commonwealth v. Gross

Commonwealth Court of Pennsylvania

Commonwealth v. Gross

540 A.2d 343, 115 Pa. Commw. 384, 1988 Pa. Commw. LEXIS 264

CourtCommonwealth Court of Pennsylvania

DecidedApril 18, 1988

DocketAppeal, 920 C.D. 1985

StatusPublished

Cited by5 cases

This text of 540 A.2d 343 (Commonwealth v. Gross) 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

Commonwealth v. Gross, 540 A.2d 343, 115 Pa. Commw. 384, 1988 Pa. Commw. LEXIS 264 (Pa. Ct. App. 1988).

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Opinion

Opinion by

Judge Blatt,

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Philadelphia County (trial court) which: reversed DOTs order suspending the operating- privileges of John F. Gross (driver) for a period of six months.

On January 21, 1983, the driver was cited for a violation of Section 1543 of the Vehicle Code (Code), 75 Pa. C. S. §1543.(driving while;his operating privileges were suspended), 1 and, on December 29, 1983, he pled guilty to that offense by paying a fine. Section 6501(b) of the Code, '75 Pa. C. S.-' §6501(b) (payment of fine for Vehicle Code violation constitutes plea of guilty). On that same day, by coincidence, his operating privileges were' restored by DOT. He then applied for a new license, which he subsequently obtained. However] when DOT received the certified record of conviction for the Section 1543 violation (i.e., notice of payment of the fine), it mailed him a notice of suspension on March 27, 1984. He appealed this suspension to the trial court on September 6, 1984. The trial court denied DOTs motion to quash his appeal as untimely and then sustained the appeal. DOTs Appeal here then followed.

*386 DOT contends that the trial court erred in foiling to quash the drivers appeal as untimely, noting that it was filed more than thirty days after the entry of DOTs suspension order. We must agree.

Sections 5571(b) and 5572 of the Judicial Code, 42 Pa. C. S. §§5571(b)-5572 provide that appeals from a government unit to a court must be commenced within thirty days after entry of the order and that the date of mailing, if service is made by mail, shall be deemed to be the date of entry of the order. In the case sub judice, DOT mailed the notice of suspension to the driver on March 27, 1984, and the record indicates that he filed his appeal on. September 6, 1984, which is clearly beyond' the 30-day. statutory limit. See Department of Transportation, Bureau of Traffic Safety v. Bower, 48 Pa. Commonwealth Ct. 379, 410 A.2d 91 (1980).

Accordingly, we believe that the trial court was without jurisdiction to reverse DOTs suspension order. We shall, therefore, reinstate DOTs order suspending the drivers operating privileges for six months.

Order

And Now, this 18th day of April, 1988, the order of the Court of Common Pleas of Philadelphia County in the above-captioned matter is hereby reversed and the order of the Department of Transportation suspending the operating privileges of John F. Gross is hereby reinstated. , .

1

DOT suspended the drivers operating privileges on May 5, 1981 because of his failure to respond to a Maryland citation.

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Opinion by

Judge Blatt,

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Philadelphia County (trial court) which: reversed DOTs order suspending the operating- privileges of John F. Gross (driver) for a period of six months.

On January 21, 1983, the driver was cited for a violation of Section 1543 of the Vehicle Code (Code), 75 Pa. C. S. §1543.(driving while;his operating privileges were suspended), 1 and, on December 29, 1983, he pled guilty to that offense by paying a fine. Section 6501(b) of the Code, '75 Pa. C. S.-' §6501(b) (payment of fine for Vehicle Code violation constitutes plea of guilty). On that same day, by coincidence, his operating privileges were' restored by DOT. He then applied for a new license, which he subsequently obtained. However] when DOT received the certified record of conviction for the Section 1543 violation (i.e., notice of payment of the fine), it mailed him a notice of suspension on March 27, 1984. He appealed this suspension to the trial court on September 6, 1984. The trial court denied DOTs motion to quash his appeal as untimely and then sustained the appeal. DOTs Appeal here then followed.

*386 DOT contends that the trial court erred in foiling to quash the drivers appeal as untimely, noting that it was filed more than thirty days after the entry of DOTs suspension order. We must agree.

Sections 5571(b) and 5572 of the Judicial Code, 42 Pa. C. S. §§5571(b)-5572 provide that appeals from a government unit to a court must be commenced within thirty days after entry of the order and that the date of mailing, if service is made by mail, shall be deemed to be the date of entry of the order. In the case sub judice, DOT mailed the notice of suspension to the driver on March 27, 1984, and the record indicates that he filed his appeal on. September 6, 1984, which is clearly beyond' the 30-day. statutory limit. See Department of Transportation, Bureau of Traffic Safety v. Bower, 48 Pa. Commonwealth Ct. 379, 410 A.2d 91 (1980).

Accordingly, we believe that the trial court was without jurisdiction to reverse DOTs suspension order. We shall, therefore, reinstate DOTs order suspending the drivers operating privileges for six months.

Order

And Now, this 18th day of April, 1988, the order of the Court of Common Pleas of Philadelphia County in the above-captioned matter is hereby reversed and the order of the Department of Transportation suspending the operating privileges of John F. Gross is hereby reinstated. , .

1

DOT suspended the drivers operating privileges on May 5, 1981 because of his failure to respond to a Maryland citation.

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Bluebook (online)

540 A.2d 343, 115 Pa. Commw. 384, 1988 Pa. Commw. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-gross-pacommwct-1988.

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