Rea v. Com., Dept. of Transp., Bureau of Driver Licensing

• Decision Date: 01 May 1990
• Citation: 572 A.2d 236,132 Pa.Cmwlth. 145
• Parties: Roger Allan REA, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee.
• Court: Pennsylvania Commonwealth Court

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572 A.2d 236 132 Pa.Cmwlth. 145 Roger Allan REA, Appellant,
v.
COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING, Appellee. Commonwealth Court of Pennsylvania. Argued Oct. 6, 1989.
Decided Feb. 23, 1990.
Reargument Denied May 1, 1990.

[132 Pa.Cmwlth. 146] Henry G. Beamer, Pittsburgh, with him, R.H. Buchman, Greensburg, Metz, Cook, Welsh & Bearmer, Pittsburgh, for appellant.

Harold H. Cramer, Asst. Chief Counsel, with him, Christopher J. Clements, Asst. Counsel, David R. White, Asst. Counsel, and John L. Heaton, Chief Counsel, for appellee.

Before BARRY and McGINLEY, JJ., and NARICK, Senior Judge.

[132 Pa.Cmwlth. 147] OPINION

BARRY, Judge.

Appellant, Roger Allan Rea, appeals from an order of the Westmoreland County Court of Common Pleas sustaining the reinstatement of a suspension of appellant's motor vehicle operator's license by the Commonwealth of Pennsylvania, Department of Transportation (PennDOT). Appellant had contested PennDOT's decision to suspend his driving privileges but chose to withdraw his appeal. The Allegheny County Court of Common Pleas entered an order dismissing appellant's appeal. Now for the first time, ten years later, PennDOT is attempting to enforce the suspension of appellant's driver's license.

In May 1978, appellant was convicted of driving under the influence of alcohol in violation of 75 Pa.C.S. § 3731. Appellant did not appeal this conviction. In July of 1978, PennDOT notified appellant that, because of his conviction, his driver's license and operating privileges would be suspended for six months. Appellant appealed PennDOT's suspension of his license and obtained a supersedeas order from the Allegheny County Court of Common Pleas. This appeal was subsequently dismissed by the Allegheny County Court of Common

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Pleas in an order of January 12, 1979. ¹ Two years later, appellant was notified that a conviction for a speeding citation in violation of 75 Pa.C.S. § 3362 would result in two or more points being entered against his driving record and possible further action pending the outcome of his appeal.

By notice dated April 4, 1988, PennDOT notified appellant that his license and driving privileges were being suspended for six months because of the 1978 conviction. By notice dated May 31, 1988, appellant was advised that, because of his 1980 conviction for speeding, two points had been assigned to his driving record and a ten day suspension had been imposed pursuant to 75 Pa.C.S. § 1544 to run consecutively after the six month suspension.

[132 Pa.Cmwlth. 148] Appellant appealed from both of these suspension orders issued by PennDOT. The appeals were consolidated for disposition by the Westmoreland County Court of Common Pleas. That court did not accept appellant's contention that, because he had relied on PennDOT's inaction for so great a length of time, appellant would now suffer undue detriment because of the suspensions.

Appellant asserts that his appeal of the notices reactivating his suspensions was timely. Moreover, appellant submits that his appeal being properly within the jurisdiction of the trial court, he has demonstrated such prejudice from PennDOT's delay that the trial court erred in sustaining the suspensions.

PennDOT avers that appellant had the duty to alert it of appellant's withdrawal of his original appeal of the suspension in conjunction with his conviction for driving under the influence of alcohol. PennDOT argues that because of appellant's failure to notify it of the court order dismissing that appeal, the delay complained of here by appellant does not affect PennDOT's authority to enforce its suspensions. PennDOT further contends that the trial court was without jurisdiction to hear appellant's appeals.

We conclude that appellant properly and timely appealed the reactivation of the license suspensions here in issue. We hold that the trial court had jurisdiction to hear these appeals. We also find that court in error with respect to the disposition of those appeals and thus we reverse the court's order sustaining the suspensions.

First we note that the Westmoreland County Court...