Summary
holding that a licensee who withdraws the appeal of his license suspension cannot later appeal the reinstatement of that suspension
Summary of this case from Needham v. CommonwealthOpinion
Argued April 9, 1981
May 29, 1981.
Motor vehicles — Suspension of motor vehicle operator's license — Vehicle Code, 75 Pa. C. S. §§ 1540 and 1550 — Withdrawal of appeal — Reinstatement of suspension order.
1. A licensee who withdraws his appeal from an order suspending his motor vehicle operator's license has no right to appeal from the reinstatement of the suspension order and a request to surrender his license pursuant to provisions of the Vehicle Code, 75 Pa. C. S. § 1540, as the withdrawal of the appeal constituted a final determination of the matter ending the period of supersession effected by Section 1550 of the statute when the appeal was filed. [330]
Argued April 9, 1981, before President Judge CRUMLISH and Judges ROGERS and BLATT, sitting as a panel of three.
Appeal, No. 523 C.D. 1980, from the Order of the Court of Common Pleas of Bucks County in case of Commonwealth of Pennsylvania v. Ronald J. Rinck, No. 154 December Term, 1979.
Motor vehicle operator's license suspended by Secretary of Transportation. Licensee appealed to the Court of Common Pleas of Bucks County. Appeal dismissed. Licensee appealed to the Commonwealth Court of Pennsylvania. Appeal withdrawn. Suspension reinstated. Licensee appealed to the Court of Common Pleas of Bucks County. Appeal dismissed. SAYLOR, J. Licensee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Mervin A. Heller, Jr., Baskin, Mendelsohn Leisawitz, for appellant.
Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, Transportation, and Jay C. Waldman, General Counsel, for appellee.
In August, 1977, Ronald J. Rinck (appellant) was notified by the Commonwealth Department of Transportation (Department) that his refusal to submit to a "breathalyzer test" had resulted in a six month suspension of his driving privilege. The appellant sought review of the Department's action in the Court of Common Pleas of Berks County where, after a hearing, his appeal was dismissed. A further appeal was taken to this Court. During the pendency of these appeals, the effect of the suspension was in abeyance in accordance with Section 1550(b) of the Vehicle Code, 75 Pa. C. S. § 1550(b) which provides:
This suspension was pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. § 1547(b).
Supersedeas. — The filing of the petition shall operate as a supersedeas and no recall, suspension, cancellation or revocation shall be imposed against such person until final determination of the matter.
On March 13, 1978, the appellant withdrew his appeal in this Court and, having been notified of the withdrawal, the Department reinstated the six month suspension and directed the appellant, by letter dated October 11, 1979, to surrender custody of his driver's license as required by Section 1540(b) of the Vehicle Code, 75 Pa. C. S. § 1540(b). On December 14, 1979, the appellant filed a petition in the Court of Common Pleas seeking review of the Department's action of reinstating the suspension. After a hearing, the appeal was dismissed on the grounds that it was not timely filed and that the appellant had no right of appeal from the reinstatement.
Of course, this determination was correct. The appellant's withdrawal of his appeal in March, 1978 effected a final determination of the matter and the period of supersession ended. The Department's October, 1979 letter merely memorialized this effect of the application of Section 1540(b).
Order affirmed.
ORDER
AND NOW, this 29th day of May, 1981, the order of the Court of Common Pleas of Berks County is affirmed.