§ 1377 — Judicial review

Pennsylvania § 1377

• Jurisdiction: Pennsylvania
• Title 75: VEHICLES
• Part: PART II
• Ch. 13: REGISTRATION OF VEHICLES
• Subch.: VIOLATIONS AND SUSPENSIONS

Text

(a) General rule.--Any person who has been sanctioned by the department under this chapter or whose registration or authority to issue registration cards or plates has been denied, suspended or otherwise sanctioned by the department shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). The filing of the appeal shall act as a supersedeas, except for a warning or a revocation, and the suspension or monetary penalty shall not be imposed until determination of the matter as provided in this section. Upon application of the registrant and prior notice to the department, the court may grant a supersedeas from a revocation of registration or authority to issue registration. The court shall schedule the appeal for hearing upon 30 days' written notice to the department, and thereupon take testimony and examine into the facts of the case and determine whether the petitioner is entitled to registration, subject to suspension of registration or other sanction under the provisions of this title or departmental regulations.

(b) Documentation.--

(1) In any proceeding under this section, documents received by the department from a court or from an insurance company shall be admissible into evidence to support the department's case. In addition, if the department receives information from a court by means of electronic transmission or from an insurance company which is complying with its obligation under Subchapter H of Chapter 17 (relating to proof of financial responsibility) by means of electronic transmission, it may certify that it has received the information by means of electronic transmission, and that certification shall be prima facie proof of the adjudication and facts contained in such an electronic transmission.

(2) In a proceeding relating to the suspension of the registration of a motor vehicle imposed under section 1786 (relating to required financial responsibility), the department's certification of its receipt of documents or electronic transmission from an insurance company informing the department that the person's coverage has lapsed, been canceled or terminated shall also constitute prima facie proof that the lapse, cancellation or termination of the policy of insurance described in the electronic transmission was effective under the laws of this Commonwealth.

Legislative History

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 28, 1993, P.L.137, No.33; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days) 2002 Amendment.Act 152 amended subsec. (b). Cross References.Section 1377 is referred to in sections 102, 1374, 1376, 1786, 3753 of this title; section 933 of Title 42 (Judiciary and Judicial Procedure).