Opinion
Argued April 9, 1981
June 2, 1981.
Motor vehicles — Revocation of motor vehicle operator's license — Habitual offender — Single incident — Vehicle Code, 75 Pa. C. S. § 1542.
1. Under the Vehicle Code, 75 Pa. C. S. § 1542, a motor vehicle operator properly suffers a revocation of his motor vehicle operator's license as an habitual offender when he is convicted of four violations, although the violations arose out of a single incident.[405-6]
Argued April 9, 1981 before President Judge CRUMLISH and Judges ROGERs and BLATT, sitting as panel of three.
Appeal, No. 794 C.D. 1980, from the Order of the Court of Common Pleas of Westmoreland County case of Commonwealth of Pennsylvania v. Edward Byers, Jr., No. 11035 of 1979.
Motor vehicle operator's license revoked by Secretary of Transportation. Licensee appealed to the Court of Common Pleas of Westmoreland County. Appeal sustained. McCORMICK, 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.
The Westmoreland County Common Pleas Court sustained the appeal of Edward Byers whose operating privileges were revoked by the Bureau of Traffic Safety for five years. We reverse.
On June 26, 1979, Byers was convicted of violating four sections of the Vehicle Code. The violations all occurred on the same day and were apparently the result of one incident. Upon review of a certification of conviction from the Common Pleas Court, the Department suspended Byers' operating privileges and revoked his operating privileges for five years. Byers did not appeal the six-month suspensions, but did successfully appeal the revocation of operating privileges based on a finding that he was an habitual offender.
75 Pa. C. S. § 3304 — Overtaking vehicle on the right,
75 Pa. C. S. § 3733 — Fleeing or attempting to elude a police officer,
75 Pa. C. S. § 3734 — Driving without light to avoid identification or arrest,
75 Pa. C. S. § 3743 — Accident involving damage to attended vehicle or property.
Pursuant to Section 1532(b)(1) of the Motor Vehicle Code, 75 Pa. C. S. § 1532(b)(1).
The court below did not have the enlightenment of Weaver v. Department of Transportation, Bureau of Traffic Safety, 52 Pa. Commw. 625, 416 A.2d 628 (1980), and Brewster v. Department of Transportation, Bureau of Traffic Safety, 52 Pa. Commw. 112, 415 A.2d 922 (1980). There we ruled that offenders who during one incident commit three offenses, qualifying under Section 1542 of the Code are indeed habitual offenders.
Weaver and Brewster are controlling in this case. Accordingly, the order of the court below is reversed.
ORDER
The order of the Court of Common Pleas of Westmoreland County, No. 11035 of 1979 dated March 21, 1980, is reversed.