J. Carpenter v. PennDOT, Bureau of Motor Vehicles
190 C.D. 2016
| Pa. Commw. Ct. | Dec 2, 2016Background
- GEICO canceled Jessica Carpenter’s auto insurance effective September 18, 2015; PennDOT received notice and mailed Carpenter a suspension notice on November 15, 2015.
- PennDOT notified Carpenter that a three-month registration suspension would begin December 20, 2015, unless she paid a $500 civil penalty plus restoration fee under 75 Pa.C.S. §1786(d)(1.1).
- Carpenter filed a statutory appeal; at hearing she admitted her insurance lapsed and testified she obtained new coverage 34 days after the cancellation (5 days beyond the 31-day statutory grace period). She claimed hardship as a single mother and inability to pay the fine.
- The trial court sustained Carpenter’s appeal, finding PennDOT had not proven she drove during the lapse and citing equitable hardship; it ordered reinstatement of registration.
- Commonwealth Court reviewed whether the trial court misapplied the statutory standard, considered equity impermissibly, and whether suspension was mandatory under Section 1786 when lapse was 31 days or more.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the three-month registration suspension under 75 Pa.C.S. §1786(d) is mandatory when the lapse in insurance exceeds 30 days | Carpenter argued she secured insurance soon after lapse, did not drive during lapse, and hardship justified relief | PennDOT argued the lapse exceeded 31 days, triggering mandatory suspension; equity/hardship is not a statutory defense | Held for PennDOT: lapse was 34 days so mandatory suspension applies; trial court erred in shifting burden and considering equitable hardship |
Key Cases Cited
- Greenfield v. Department of Transportation, Bureau of Motor Vehicles, 67 A.3d 198 (Pa. Cmwlth. 2013) (holds mandatory suspension applies when lapse is 31 days or more; courts may not grant relief on equitable grounds)
- Pray v. Department of Transportation, Bureau of Motor Vehicles, 708 A.2d 1315 (Pa. Cmwlth. 1998) (supports imposition of suspension even if insurance later secured)
- Deklinski v. Department of Transportation, Bureau of Motor Vehicles, 938 A.2d 1191 (Pa. Cmwlth. 2007) (describes PennDOT’s prima facie burden via certified notice from insurer)
- Banks v. Department of Transportation, Bureau of Motor Vehicles, 856 A.2d 294 (Pa. Cmwlth. 2004) (reiterates courts lack discretion to negate mandatory suspension on equitable grounds)