Opinion
April 15, 1969.
June 12, 1969.
Motor Vehicles — Operators' licenses — Suspension — Violation of § 1002(b)(8) of The Vehicle Code — Excessive speed in restricted speed zone — Suspension under § 618(b)(2) — Amendment of January 24, 1966, P.L. (1965) 1497, establishing point system.
1. In a motor vehicle operator license suspension case, considerations that the operator was required to maintain his driving license to enable him to work and earn a livelihood, that he had no prior violations, that there was no showing of adverse road conditions or heavy traffic, and that there was no reckless conduct involved do not furnish a basis for charging the Secretary of Revenue with an abuse of discretion in suspending the operator's license for a violation of § 1002(b)(8) of The Vehicle Code.
2. A motor vehicle operator's license may be suspended on the basis of unlawful speed alone.
3. The operation of a motor vehicle at an illegal speed in a forty-five mile per hour speed zone established by the Secretary of Highways under § 1002(b)(8) of The Vehicle Code is not a violation to which is applicable the point system established by the amendment of January 24, 1966, P.L. (1965) 1497, to The Vehicle Code and a suspension is properly imposed by the Secretary under the provisions of § 618(b)(2).
Argued April 15, 1969.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.
Appeal, No. 12, April T., 1969, from order of Court of Common Pleas of Westmoreland County, April T., 1968, No. 340, in case of Commonwealth of Pennsylvania v. Albert Dudreck. Order reversed, and order of Secretary of Revenue reinstated.
Appeal by licensee from decision of Secretary of Revenue suspending motor vehicle operator's license.
Order entered sustaining appeal and directing that operating privileges be restored, opinion by McCORMICK, J. Commonwealth appealed.
Elmer T. Bolla, Deputy Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellant.
No argument was made nor brief submitted for appellee.
On September 23, 1967, in Jefferson Township, Butler County, Albert Dudreck was apprehended by a State Policeman for operating his Ford Coupe on Route 356, at a rate of seventy-five miles per hour in a forty-five mile per hour speed zone established by the Secretary of Highways under Section 1002(b)(8) of The Vehicle Code. An information was filed by the officer before a magistrate, and Dudreck paid the fine and costs. Having received a report of this conviction, the Secretary of Revenue conducted a departmental hearing, February 20, 1968, at which Dudreck appeared and testified. On April 22, 1968, the Secretary suspended Dudreck's operating privilege for a period of one month. On September 23, 1968, the Court of Common Pleas of Westmoreland County, wherein Dudreck resided, reversed the action of the Secretary and directed that Dudreck's operating privilege be restored. This appeal by the Commonwealth followed.
Act of April 29, 1959, P.L. 58, 75 P.S. 1002(b)(8).
The learned hearing judge reasoned that Dudreck was required to maintain his driving license to enable him to work and earn a livelihood, that he had no prior violations, that there was no showing of adverse road conditions or heavy traffic, and that there was no reckless conduct involved. As we pointed out in an opinion filed this day in Crowell Motor Vehicle Operator License Case, 214 Pa. Super. 273, 257 A.2d 613, these conditions do not furnish a basis for finding an abuse of discretion on the part of the Secretary of Revenue. A motor vehicle operator's license may be suspended on the basis of unlawful speed alone: Lucchetti Motor Vehicle Operator License Case, 213 Pa. Super. 397, 249 A.2d 783. Reversal is therefore mandated.
Although Dudreck's offense occurred after the effective date (July 24, 1966) of the amendment to The Vehicle Code establishing the point system, it is not a violation to which the point system applies. The suspension was properly imposed by the Secretary under the provisions of Section 618(b)(2), 75 P.S. 618(b)(2). See Kerr Motor Vehicle Operator Licence Case, 213 Pa. Super. 406, 249 A.2d 787.
The order of the court below is reversed, and the order of the Secretary of Revenue is reinstated.