16 Pa. Commw. 524 | Pa. Commw. Ct. | 1974
Opinion by
On January 18, 1973, a traffic complaint was filed against appellee, Barbara Ann Gross, charging her with a violation of Section 3002(b) (4) of the Motor Vehicle Code
When the Secretary receives the report of a conviction, in proper form, for violation of Section 1002 (b) (4) involving a speed 22 miles an hour in excess of the speed limit, he is required by statute to suspend the operating privileges of the convicted driver for thirty days. On the appeal of such a suspension, the common pleas court is limited in its review to questions of whether the driver was convicted, whether the Secretary properly computed the points attributable to such violation and whether the Secretary properly applied mandatory sanctions of the Code. The court may not, as it did here, inquire into the circumstances of the violation. Commonwealth v. Siedlecki, 7 Pa. Commonwealth Ct. 130, 300 A. 2d 287 (1973); Commonwealth v. James, 6 Pa. Commonwealth Ct. 493, 296 A. 2d 530 (1972); Commonwealth v. Virnelson, 212 Pa. Superior Ct. 359, 243 A. 2d 464 (1968).
Appellee here, for the first time, directs attention to the fact that the notation of payment of the fine and costs on the reverse side of the traffic complaint
Therefore, the order of the Court of Common Pleas of Luzerne County is reversed and the thirty day suspension of appellee’s operating privileges by the Secretary of Transportation is hereby reinstated and is to commence within thirty days of the entry hereof.
Act of April 29, 1959, P.L. 58, §1002(b)(4), 75 P.S. §1002(b) (4).
. Act of April 29, 1959, P.L. 58, §619.1, added Act of January 24, 1966, P.L. (1965) 1497, §2, 75 P.S. §619.1.