Commonwealth v. Rodgers

341 A.2d 917, 20 Pa. Commw. 393, 1975 Pa. Commw. LEXIS 706
CourtCommonwealth Court of Pennsylvania
DecidedJuly 22, 1975
DocketAppeal, No. 1573 C.D. 1974
StatusPublished
Cited by11 cases

This text of 341 A.2d 917 (Commonwealth v. Rodgers) 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. Rodgers, 341 A.2d 917, 20 Pa. Commw. 393, 1975 Pa. Commw. LEXIS 706 (Pa. Ct. App. 1975).

Opinions

Opinion by

Judge Wilkinson,

This is an appeal from the ruling of the lower court upholding the action of the Secretary of Transportation (Secretary) suspending appellant’s Pennsylvania operator’s license and vehicle registrations under the provisions of Article XIV (Motor Safety Responsibility, more commonly referred to as “financial responsibility” laws) of the Vehicle Code, Act of April 29, 1959, as amended, 75 P.S. §1401 et seq.

The facts show that appellant was involved in a single car motor vehicle accident on July 31, 1971, in Denver, Colorado. Thereafter, Duane Alger and Barbara Alger t/a Dunkin’ Donuts brought suit against appellant and against the owner of the vehicle in the El Paso County (Colorado) District Court. Appellant alleges that he never received any notice of this action other than the notice from the Secretary. In any case, on September 25, 1973, a default judgment was entered against appellant in the amount of $2300.00 plus costs in the Colorado court. In accordance with Colorado law, this judgment, which was and remains unsatisfied to any extent, was certified [396]*396to the Pennsylvania Department of Transportation.1 On September 4, 1974, the Secretary notified appellant that his license and vehicle registration would be suspended effective October 4, 1974, under the authority of Section 1413 of The Vehicle Code, 75 P.S. §1413, for failure to satisfy the Colorado judgment and failure to furnish proof of financial responsibility. Section 1413 reads in part as follows:

“ (a) The secretary, upon receipt of a certified copy of a judgment, shall forthwith suspend the license and registration of any resident operator or owner and any nonresident’s operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section and in section 1416.”

Appellant appealed to the Chester County Court ' of Common Pleas which court, on December 20, 1974, affirmed the Secretary’s action on the basis that “[a] judgment regularly entered by a sister state having general jurisdiction is entitled to full faith and credit in Pennsylvania”.

Appellant raises three issues on appeal here. The first two issues question the authority of the Secretary to act under Section 1405 of The Vehicle Code, 75 P.S. §1405, which is a section dealing with reciprocity. In this case, the Secretary acted under only Section 1413, not under Section 1405, and, therefore, those issues are not properly before us. Furthermore, Section 1405 is limited in its application to suspensions under Section 1404 for failure to post security for possible future judgments as will be more fully discussed hereinafter.

Appellant’s main argument is that a suspension under Section 1413 for the nonpayment of a default judgment arising out of a motor vehicle accident violates appellant’s constitutional right to due process. He argues that the [397]*397purpose of the financial responsibility laws, and in particular Section 1413, is to punish negligent drivers and to act as a deterrent to negligent driving. He contends that the Secretary’s action in suspending the license, based solely on the default judgment and without any evidence of negligence, was an abuse of discretion and a denial of due process. In support of these arguments, appellant relies on Commonwealth v. Roeting, 7 Pa. Commonwealth Ct. 317, 300 A. 2d 125 (1973), where we ruled Section 1413 unconstitutional in its application to a particular judgment debtor.

In that case, as here, the judgment debtor’s license was suspended for failure to satisfy a judgment arising from a motor vehicle accident in which the judgment debtor had been involved. In Roeting, supra, the judgment was obtained by means of a judgment note executed by Roeting. The note contained a confession of judgment clause. The judgment creditor confessed judgment against Roeting and a certified copy of the unpaid judgment was forwarded to the Secretary who suspended Roeting’s license under Section 1413. Roeting’s appeal below was sustained, and the Commonwealth appealed to us. In dismissing the Commonwealth’s appeal, we held in Roeting that the Secretary could not suspend a license without having before him sufficient evidence relating to the accident to enable him to determine that the judgment was the result of the judgment debtor’s negligent driving, and that the judgment itself did not constitute such evidence.

For reasons given in this opinion, Roeting, insofar as it stands for the proposition that under Section 1413, the Secretary must first determine that the judgment is based on the judgment debtor’s negligent driving, must be overruled.

PURPOSE OF SECTION 1413

Our holding in Roeting was based on our determination that the purpose of Section 1413 was to punish [398]*398negligent drivers. We said there that, absent a determination that the judgment resulted from the judgment debtor’s negligent driving, a suspension under Section 1413 violated the debtor’s constitutional rights to due process. We have concluded that our determination of the purpose of Section 1413 was incorrect.

The issue that the purpose of Section 1413 might not be to punish negligent drivers was not raised in Roeting — the issue there being whether the judgment was sufficient evidence of negligence in itself to invoke Section 1413. In the instant appeal, the Commonwealth argues strongly that the purpose of Section 1413 is to provide leverage for the collection of damages from those who have been held liable. We are constrained to agree.

In Perez v. Campbell, 402 U. S. 637 (1971), the Supreme Court of the United States ruled that an Arizona statute2 which permitted the state to suspend a license for an unsatisfied judgment after the judgment had been discharged in bankruptcy was invalid under the Supremacy Clause of the Constitution of the United States as being in conflict with federal bankruptcy laws. Perez, in effect, overruled opposite conclusions in Kesler v. Department of Public Safety of the State of Utah, 369 U. S. 153 (1962), and Reitz v. Mealey, 314 U. S. 33 (1941). Both Kesler and Reitz had ruled that the purpose of the respective state laws was not to benefit judgment creditors or the public, but rather to punish and deter negligent driving. Kesler and Reitz held that because the state statutes did not have the purpose of frustrating federal bankruptcy laws, -the state laws were not un[399]*399constitutional even though they had the effect of frustrating federal law.

The Perez court held that the purpose of the state law was not controlling, and that any state which had the effect of frustrating federal law was invalid under the Supremacy Clause. Perez went on, however, to state that the purpose of the Arizona law, and of similar laws in other states, was to insure payment to judgment creditors from those who had been adjudged liable in motor vehicle accident cases. Perez then criticized both Kesler and Reitz for their findings of legislative purpose.

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Cite This Page — Counsel Stack

Bluebook (online)
341 A.2d 917, 20 Pa. Commw. 393, 1975 Pa. Commw. LEXIS 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rodgers-pacommwct-1975.