Wolfe v. Com. Dept. of Transp. Bureau of Traffic Safety

• Decision Date: 15 April 1976
• Citation: 24 Pa.Cmwlth. 261,355 A.2d 600
• Parties: Kaye A. WOLFE, Appellant, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION BUREAU OF TRAFFIC SAFETY, Appellee.
• Court: Pennsylvania Commonwealth Court

Page 600

355 A.2d 600

24 Pa.Cmwlth. 261

Kaye A. WOLFE, Appellant, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION BUREAU OF TRAFFIC SAFETY, Appellee.

Commonwealth Court of Pennsylvania.

Argued Jan. 9, 1976.

Decided April 15, 1976.

[24 Pa.Cmwlth. 262] A. Stephen Cohen, Sunbury, for appellant.

John L. Heaton, Harrisburg, for appellee.

Before KRAMER, WILKINSON and MENCER, JJ.

OPINION

KRAMER, Judge.

This is an appeal by Kaye A. Wolfe from an order of the Court of Common Pleas of Northumberland County, dated April 22, 1975, which dismissed Wolfe's appeal from a suspension of his motor vehicle operator's privileges. Wolfe challenges both the constitutionality of the 'point system' established by the Vehicle Code ¹ and the calculation of the particular points assessed against him. We find no merit in his contentions, and affirm.

On January 3, 1973, Wolfe was convicted of a speeding violation which resulted in an assignment of six points under Section 619.1 of the Code, 75 P.S. § 619.1. After attending driver training school, his point total was reduced to five. On December 19, 1973, he was again convicted of a speeding infraction and assessed six points, bringing his total to 11. On June 6, 1974, Wolfe received written notification that his license was being suspended for 60 days, effective July 11, 1974. ²

Wolfe requested a departmental hearing, and the suspension was stayed pending the outcome. On December 24, 1974, Wolfe was notified of the unfavorable result of the hearing and that the suspension was being reinstated, effective January 28, 1975. Wolfe then appealed to the Court of Common Pleas, which stayed the suspension pending the outcome of the appeal.

Wolfe's argument that the 'point system' is violative of the due process clause of the Fourteenth Amendment to the United States Constitution is without merit. Wolfe suggests that there is no reasonable relationship between driver competence and the assessment of points and that the suspension of a license must be based upon an individual determination of driver competence rather than proof of a violation of the Vehicle Code.

The willingness of a driver to obey the provisions of the Vehicle Code goes to the very heart of the question of whether that driver is 'competent.' Wolfe cannot seriously contend that 'competence' involves solely the ability to skillfully operate the mechanisms of a motor vehicle. This being so, the tendency of an operator to violate the Vehicle Code--which is the characteristic measured in the application of the point system--must be considered a valid means of making a decision on driver competency. Were we to adopt Wolfe's argument, the State would be powerless to regulate reckless drivers who could nonetheless demonstrate proficiency in maneuvering their vehicles.

We agree with the following observations of the Court in Reese v. Kassab, 334 F.Supp. 744 (W.D.Pa.1971):

'There can be no quarrel with the Commonwealth's position that in order to regulate the use of its highways, the state does have powre to enact the Point System Plan into law and that it may use infractions of the Vehicle Code as a basis for license suspension. We may say further that the legislation is an intelligent and commendable effort to diminish the carnage on our highways by focusing attention on the most common cause of accidents, the careless and code-violating driver.' 334 F.Supp. at 746.

Wolfe also contends that, pursuant to Section 619.1(j) of the Code, 75 P.S. § 619.1(j), he no longer has the 11 points required for suspension. Section 619.1(j) provides that two points be removed for each year in which a violator is free of any motor vehicle violations.

It is true that Wolfe's last conviction--which resulted in a total of 11 points--occurred on December 19, 1973. Wolfe reasons that as of December 19, 1974, ³ his total was automatically reduced to nine because he had continually enjoyed his operator's privileges for one year without further violations. This argument conveniently ignores the fact that this situation is the result of His appeals and the attendant stays of the suspension.

If Wolfe's theory is adopted, any driver with 11 or 12 points could, through the prosecution of appeals, avoid the imposition of any suspension by remaining free of violations for one year while an appeal is being processed through the Department of...