Opinion
November 17, 1966.
December 16, 1966.
Motor Vehicles — Licenses — Suspension under § 618(b) of The Vehicle Code — Failure to grant hearing to licensee — Waiver — Hearing de novo in court of common pleas — Duty of court below to remand case for hearing.
Vivio Motor Vehicle Operator License Case, 209 Pa. Super. 90, followed.
Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.
Appeal, No. 293, April T., 1966, from order of Court of Common Pleas of Westmoreland County, April T., 1966, No. 227, in case of Commonwealth of Pennsylvania v. Merle D. Lankey. Order vacated and record remanded.
Appeal by licensee from decision of Secretary of Revenue suspending motor vehicle operator's license.
Decree entered sustaining appeal and directing restoration of license, opinion by McCORMICK, J. Commonwealth appealed.
Elmer T. Bolla, Deputy Attorney General, with him Edward Friedman, Attorney General, for Commonwealth, appellant.
No argument was made nor brief submitted for appellee.
Argued November 17, 1966.
On November 29, 1965, Merle D. Lankey was apprehended for operating a tractor-trailer at an excessive speed on the Pennsylvania Turnpike. An information was filed before the nearest available magistrate, and Lankey paid a fine of $15.00 and costs. The Secretary of Revenue suspended Lankey's operating privilege for a period of three months. The Court of Common Pleas of Westmoreland County reversed the action of the Secretary of Revenue, and directed that Lankey's operating privilege be restored. This appeal by the Commonwealth followed.
The issue involved is identical with that in the companion case of Commonwealth v. Vivio, 209 Pa. Super. 90, 224 A.2d 777. The instant appeal is governed by our opinion filed this day in the Vivio case, the pertinent portions of which are incorporated herein by reference.
The order of the court below is vacated, and the record is remanded to said court with the direction that the case be returned to the Secretary of Revenue for the purpose of affording Lankey the opportunity of a hearing in compliance with the statutory requirement.