Greenfield v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles
2013 Pa. Commw. LEXIS 171
| Pa. Commw. Ct. | 2013Background
- Bureau suspended Greenfield's vehicle registration for three months under 75 Pa.C.S. § 1786(d) after her insurance was cancelled on May 14, 2012.
- Bureau notified Greenfield by May 26, 2012 and again by July 12, 2012 that cancellation occurred and that registration would be suspended for three months beginning August 16, 2012.
- Greenfield testified the lapse occurred May 14–July 3, 2012; she claimed her husband paid premiums and that she learned of nonpayment after he was jailed; she later obtained a policy effective July 3, 2012 and clarified vehicle co-owner as her father.
- Trial court reversed the suspension, citing reinstatement of financial responsibility within 30 days of notice and finding no fault with Greenfield.
- On appeal, the Bureau contends the lapse exceeded 31 days and the compulsory three-month suspension applies regardless of equitable factors; Pray and Banks guide the court’s analysis; the court must reverse and reinstate the suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lapse of financial responsibility over 31 days triggers mandatory suspension | Greenfield (Greenfield) argues reinstatement within 30 days allowed equitable relief | Bureau argues over-31-day lapse mandates suspension under §1786(d) | Yes; lapse >31 days mandatorily suspends |
| Whether trial court could consider hardship to reverse or modify the suspension | Greenfield claims hardship warrants relief | Bureau argues court cannot modify statutory suspension | No; court has no discretion to grant equity-based relief and must uphold suspension |
| Burden of proof and applicability of statutory exceptions | Greenfield asserts a possible exception under §1786(d)(2)© | Bureau asserts exception not applicable since lapse >31 days | Exception not applicable; three-month suspension required by statute |
| Effect of reinstatement within 30 days after cancellation | Evidence of reinstatement should negate suspension | Reinstatement timing does not override mandatory suspension | Reinstatement within 30 days does not defeat mandatory suspension under §1786(d) |
Key Cases Cited
- Pray v. Department of Transportation, Bureau of Motor Vehicles, 708 A.2d 1315 (Pa.Cmwlth.1998) (burden on Bureau; 31-day exception not applicable when lapse exceeds 31 days)
- Banks v. Department of Transportation, Bureau of Motor Vehicles, 856 A.2d 294 (Pa.Cmwlth.2004) (courts lack discretion to mitigate three-month suspension; strict statutory compliance)
- Moogerman v. Commonwealth, 385 Pa. 256 (Pa.1956) (courts are not clemency bodies; must apply fixed penalties)
- Commonwealth v. McCartney, 279 A.2d 77 (Pa.Cmwlth.1971) (courts interpret and expound laws; not policy-makers)