Commonwealth v. SMP, Inc.

88 A.3d 234, 2014 Pa. Super. 55, 2014 WL 1035380, 2014 Pa. Super. LEXIS 132
CourtSuperior Court of Pennsylvania
DecidedMarch 18, 2014
StatusPublished
Cited by1 cases

This text of 88 A.3d 234 (Commonwealth v. SMP, Inc.) is published on Counsel Stack Legal Research, covering Superior 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. SMP, Inc., 88 A.3d 234, 2014 Pa. Super. 55, 2014 WL 1035380, 2014 Pa. Super. LEXIS 132 (Pa. Ct. App. 2014).

Opinion

OPINION BY

LAZARUS, J.:

SMP, Inc. (hereinafter “SMP”) appeals from the judgment of sentence imposed in the Court of Common Pleas of Schuylkill County after its conviction for violating the Vehicle Code by operating a commercial vehicle with a hazardous braking system.1 Upon review, we reverse.

The charge in this matter arose from an incident in which a commercial tractor-trailer owned by SMP crashed, leading to the death of the driver. State Trooper Joseph Aponick arrived on the scene first. After realizing the crash involved a fatali[235]*235ty, Trooper Aponick requested State Trooper Joseph DeLash be dispatched to the scene to complete an investigation. Trooper DeLash is certified as a North American Standard Level 1 Inspector by the United States Department of Transportation, Office of Motor Carriers. After arriving on the scene, Trooper DeLash spoke with Trooper Aponick who relayed the information he had collected from his own investigation and from speaking with an eyewitness to the crash. Trooper De-Lash did a “walk through” of the scene, and then began his physical inspection of the vehicle.

Trooper DeLash first examined visible parts and accessories before moving to the brake system. Typically, the tractor’s own air supply would be used to fill the brake line for testing. However, because the air supply to the brake line was damaged in the crash, Trooper DeLash was forced to alter the inspection process by using an air supply from the tow truck and connecting it into the tractor’s system. After attaching the auxiliary air source, Trooper De-Lash discovered severe leakage in the brake line, also caused by the crash, which forced him to again depart from the federal standards, and use clamps to close off the leaks.

During his inspection, Trooper DeLash discovered the brake on the right hand side of the first axle was beyond the readjustment limits provided in the Commercial Vehicle Safety Alliance Procedure out-of-service criteria. Where a brake is outside the readjustment limits, it is considered defective under Pennsylvania law.

Using the auxiliary air supply system from the tow truck, Trooper DeLash checked the remaining brakes. During his inspection, neither of the brakes on the fifth axle moved. Trooper DeLash also deemed these brakes nonfunctional and defective based on the out-of-service criteria.

Out of the ten brakes on the tractor trailer, Trooper DeLash deemed three of the brakes defective under the out-of-service criteria. Based on this determination, Trooper DeLash issued SMP a citation for violating section 4107(b)(2.1) of the Vehicle Code, which provides:

It is unlawful for any person to do any of the following:

[Ojperate a motor carrier vehicle, bus or school bus the brake system of which is in such condition that further operation would be hazardous under section 4704(c)(1) (relating to inspection by police or Commonwealth personnel).

75 Pa.C.S. § 4107(b)(2.1).

Section 4704(c)(1) of the Vehicle Code provides:

(c) Operation prohibited if hazardous.—
(1) In the event a vehicle or a mass transit vehicle, or its equipment, load or driver, in the reasonable judgment of the officer or qualified Commonwealth employee, is in such condition that further operation would be hazardous, the officer or qualified Commonwealth employee may require that the vehicle or the mass transit vehicle not be operated under its own power or that the driver discontinue driving, or both, and may so stipulate in the notice given under subsection (b). In the case of motor carrier vehicles or their drivers, all such determinations shall be based on out-of-service criteria established in department regulations.

75 Pa.C.S. § 4704(c)(1).

Pennsylvania has adopted the North American Standard Out-of-Service Criteria. See 67 Pa.Code § 229.16 and 67 Pa. Code § 231.9. Under these criteria, a vehicle or combination vehicle is out-of-service [236]*236if 20% or more of its service brakes are defective. Appellee’s Brief at 6.

SMP pled not guilty to the citation. A hearing was held before the Magisterial District Judge on August 21, 2012. SMP was found guilty and ordered to pay a fine of $800.00 plus costs and surcharges, for a total of $398.00. SMP then filed a timely notice of appeal with the Schuylkill County Court of Common Pleas, which held a de novo bench trial that began on November 14, 2012, and concluded on December 13, 2012. The court found SMP guilty of the violation and ordered it to pay the fine, costs, and surcharges as ordered by the Magisterial District Court. Thereafter, SMP filed a timely notice of appeal on January 11, 2013.

On appeal, SMP challenges the sufficiency of the evidence supporting its conviction. In reviewing a challenge to the sufficiency of the evidence, we must determine whether, viewing the evidence in the light most favorable to the Commonwealth as verdict winner, together with all reasonable inferences therefrom, the trier of fact could have found that each and every element of the crimes charged was established beyond a reasonable doubt. Commonwealth v. Randall, 758 A.2d 669, 674 (Pa.Super.2000). SMP argues Trooper DeLash’s failure to inspect the tractor-trailer in accordance with federal standards prohibits a conviction based on the inspection pursuant to Commonwealth v. Richards, 406 Pa.Super. 149, 593 A.2d 1279 (1991). We agree.

In Richards, the defendant was issued a citation because his trailer brakes were out of adjustment in violation of 75 Pa.C.S. § 4107(b)(2) and 49 C.F.R. § 396.3. Id. at 1283. Under 49 C.F.R. § 396.3(a)(1), push rod stroke should be measured with the engine off “and reservoir pressure of 80 to 90 psi with [the] brakes fully applied.” However, at trial, the trooper who inspected the vehicle testified he used a reservoir pressure of 110 psi. Id. Although the inspecting trooper testified “the procedures which he employed were acceptable,” and the Commonwealth’s expert testified there was no “correct way to measure the push rod stroke,” we could not “simply dismiss the trooper’s own testimony that he did not follow, with exactitude, the directions in his manual.” Id. We held the record was otherwise “devoid of indication that this derogation was harmless.” Id. at 1283 n. 4.

Without evidence that the deviation was inconsequential, we noted it was possible “the trooper’s failure to comply with the [provided] requirement may have resulted in an incorrect reading, in which case a criminal citation may have been issued improperly.” Id. at 1283. We also found the appellant’s argument “that criminal provisions must be strictly construed” to be persuasive, finding “the trooper’s noncompliance with the applicable provisions was material,” and that “the criminal citations upon which the appellants were convicted were premised on flawed tests.” Id. at 1284.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Hopkins, G.
Superior Court of Pennsylvania, 2015

Cite This Page — Counsel Stack

Bluebook (online)
88 A.3d 234, 2014 Pa. Super. 55, 2014 WL 1035380, 2014 Pa. Super. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-smp-inc-pasuperct-2014.