DiSanto License

42 Pa. D. & C.2d 388, 1967 Pa. Dist. & Cnty. Dec. LEXIS 119
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedMarch 27, 1967
Docketno. 305
StatusPublished
Cited by1 cases

This text of 42 Pa. D. & C.2d 388 (DiSanto License) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DiSanto License, 42 Pa. D. & C.2d 388, 1967 Pa. Dist. & Cnty. Dec. LEXIS 119 (Pa. Super. Ct. 1967).

Opinion

Bowman, J.,

In this motion by the Commonwealth- to quash and dismiss an appeal from the action of the Secretary of Revenue in suspending appellant’s motor vehicle operating privileges, we are called upon to again consider the issue of whether such an appeal is prematurely taken if filed after the act of suspension, but before the effective date of suspension.1 The Commonwealth contends that [389]*389the statutory appeal provisions invoked by appellant permit an appeal only after the suspension is in fact operative, while appellant contends that his right of appeal and the 30-day limitation on the right of appeal commence when the secretary notifies him of the latter’s action in ordering a suspension, even though the effective date of the suspension is some time in the future. In taking this position, appellant is supported by a prior decision of this court in Hymes License, 32 D. & C. 2d 161, 81 Dauph. 163 (1963).

On May 24, 1964, appellant was arrested for speeding and, as a result of his conviction, his operator’s license was suspended for a period of one year by the Secretary of Revenue, effective June 19, 1966. This matter was appealed to this court, which appeal was dismissed after hearing: Commonwealth v. DiSanto, 86 Dauph. 131 (1966). This matter is not presently before us, but does afford background to this matter.

On March 12, 1965, appellant was arrested for speeding and, as a result of his conviction, his opertor’s license was suspended for a period of five months, effective June 19, 1967.

On March 19, 1965, appellant was arrested for speeding and, as a result of his conviction, his operator’s license was suspended for a period of six months, effective November 19,1967.

On May 8, 1965, appellant was arrested for speeding and, as a result of his conviction, his operator’s license was suspended for a period of one year, effective May 19, 1968.

On August 19, 1965, appellant was arrested for speeding and, as a result of his conviction, his operator’s license was suspended for a period of eight months, effective May 19, 1969.

On September 7, 1965, appellant was arrested for speeding and, as a result of his conviction, his opera[390]*390tor’s license was suspended for a period of nine months, effective January 19, 1970.

To summarize, appellant was arrested for speeding on six different occasions between May 23, 1964 and September 7, 1965. On each occasion, he requested a departmental hearing, which was granted. All of these matters were heard at the same time and place, by the same hearing examiner, and appellant was notified of the respective suspensions and effective dates thereof on the same date, to wit, June 16, 1966. The earliest effective date of the several suspensions and appeals therefrom with which we are here concerned is June 19, 1967. The latest one will become effective January 19, 1970.

Section 620 of The Vehicle Code of April 29, 1959, P. L. 58, as amended, 75 PS §620, provides in essential part as follows:

“Any person, whose operator’s license or learner’s permit has been suspended, . . . shall have the right to file a petition, within thirty (30) days thereafter, for a hearing in the matter in the court of common pleas of the county in which the operator or permittee resides. . . .”

In Hymes License, supra, Judge Miller, speaking for this court, stated, page 162:

“Appellant received this suspension notice on November 15, 1962, and it advised him that his operating privileges would be suspended for a period of 11 months commencing February 23, 1963. However, the notice stated November 14, 1962 as the ‘effective date of suspension’. At hearing, the court was advised that this suspension was not effective until February 23, 1963, because the seven-month suspension that appellant was then serving would terminate on February 22, 1963. The Commonwealth argues that appellant was not then prejudiced by the suspension order, since it did not become effective for several months after [391]*391receipt of notice of same, and that the appeal must, therefore, be quashed because it is premature. To our knowledge, this is the first time the Commonwealth has taken this position and we regard it as illogical.
“While section 620 of The Vehicle Code, of April 29, 1959, P. L. 58, 75 PS §620 which prescribes the appeal procedure, allows 30 days for the taking of an appeal, the code does not state specifically when this 30-day period commences . . .
“Apparently, the 30-day period commences with the date of suspension. However, as a matter of practice, this court has always considered the period as beginning with the date the suspension order is received by the licensee, although this is generally 10 days or more before the beginning of the suspension period. Thus, if an appellant acts promptly, he is able to perfect his appeal and obtain a supersedeas, pending hearing and disposition thereof, prior to the date when he must surrender his operator’s card to the Secretary of Revenue. Here, the Commonwealth would have us construe the statute as to not permit the taking of an appeal until after the actual suspension date, this being the date when the operator must forfeit his privileges and surrender his operator’s card to the Secretary of Revenue. While there is a greater time than usual in this case between the notice of the suspension and its beginning date, we do not think that appellant in this case, or any similar cases, need await the actual date of suspension before filing his appeal. The secretary’s order would appear to be final, and thus appeal-able, on the date that it is served on the licensee, and, as a practical matter, this date should control the commencement of the 30-day appeal period. Therefore, we conclude that this appeal is not premature, and the Commonwealth’s motion to quash is refused”.

The Commonwealth argues that section 620 is capable of only one possible construction, namely, that the [392]*392right of appeal arises only upon the date the secretary’s suspension order is stated to become effective; that our opinion in Hymes in effect recognizes this contention; and that in reaching a contrary conclusion, this court erred and should now reverse itself.2

To contend that this section is capable of but one possible construction is to ignore the obvious and begs the question in issue. Stripped to its essential words, this section merely establishes a right of appeal after an operator’s license “has been suspended”. Such language is capable of at least two meanings in those fact situations where the order of suspension and notice thereof are given on one date, but the order states it is to become effective at some future date. In such cases —the question recurs — when does the right of appeal mature?

While there is language in Hymes indicating that practicalities were considered in reaching its legal conclusion, the decision was founded upon the well established principle that where a right of appeal is provided by statute, it matures or comes into being when the action from which such an appeal is allowed becomes final. In Hymes, we concluded that the secretary’s order of suspension became final, and thus appealable, upon notification to licensee. We now affirm that conclusion.

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Related

Klitsch Motor Vehicle Operator License Case
245 A.2d 688 (Superior Court of Pennsylvania, 1968)

Cite This Page — Counsel Stack

Bluebook (online)
42 Pa. D. & C.2d 388, 1967 Pa. Dist. & Cnty. Dec. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disanto-license-pactcompldauphi-1967.