Opinion
Argued April 10, 1981
June 1, 1981.
Motor vehicles — Suspension of motor vehicle operator's license — Leaving an accident scene — The Vehicle Code, Act of April 29, 1959, P.L. 58 — Effect of statutory amendments.
1. A suspension of a motor vehicle operator's license required by provisions of The Vehicle Code, Act of April 29, 1929, P.L. 58, when the licensee improperly leaves an accident scene, must be imposed where the offense occurred prior to the effective date of a new statute which did not contain such a requirement, although the action of suspension did not occur until after the effective date of the new statute. [378]
Argued April 10, 1981, before Judges ROGERS, CRAIG and PALLADINO, sitting as a panel of three.
Appeal, No. 1661 C.D. 1979, from the Order of the Court of Common Pleas of Berks County in case of In Re: Appeal from Withdrawal of Motor Vehicle Privileges of Theodore K. Lilley, Jr., No. 525 August Term, 1977.
Motor vehicle operator's license suspended by Secretary of Transportation. Licensee appealed to the Court of Common Pleas of Berks County. Appeal sustained. ESHELMEN, J. Commonwealth appealed to the Commonwealth Court of Pennsylvania. Held: Reversed.
Harold H. Cramer, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, Transportation, and Harvey Bartle, III, Acting Attorney General, for appellant.
No appearance for appellee.
Theodore K. Lilley was convicted on January 11, 1977, of failure to stop and disclose his identity at the scene of a motor vehicle accident in violation of Section 1027 of The Vehicle Code of 1959 (old Code), Act of April 29, 1959, P.L. 58, as amended, formerly, 75 Pa.C.S.A. § 1027, repealed by the Act of June 17, 1976, P.L. 162. In accordance with Section 616(a)(3) of the old Code he was notified by the Department of Transportation (Department) of a one-year suspension of his driving privileges beginning July 28, 1977. On July 25, 1977, Lilley appealed the suspension to the Court of Common Pleas of Berks County arguing that the one-year suspension was not authorized by the newly enacted Vehicle Code of 1976 (new Code), 75 Pa. C. S. § 101 et seq. which became effective on July 1, 1977. The Court of Common Pleas sustained the appeal and the Department here seeks review of that determination.
As the Court below recognized in its memorandum opinion, decisions of this Court, not available when the appeal was sustained, hold that provisions of the old Code remain applicable to offenses which occurred while the old Code was in effect although the convictions or suspension actions occur after the effective date of the new Code. These decisions require us to reverse the order below. Hergenrother v. Commonwealth, 45 Pa. Commw. 175, 406 A.2d 575 (1979); Ellis v. Commonwealth, 46 Pa. Commw. 383, 406 A.2d 1180 (1979).
Order reversed.
ORDER
AND NOW, this 1st day of June, 1981, the Order of the Court of Common Pleas of Berks County sustaining the appeal of Theodore K. Lilley is reversed.