70 Pa. Commw. 604 | Pa. Commw. Ct. | 1982
Opinion by
The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Luzerne County which vacated a six-month revocation of the motor vehicle operating privileges of appellee Michael Joseph Lyons.
Lyons was cited for a violation of Section 1543 of the Vehicle Code,
Before us DOT argues that the court of common pleas erred in vacating the revocation of Lyons’ li
It is well-settled that an action by DOT upon an operator’s privileges may be vacated when administrative delay between a conviction and revocation causes the operator to believe that his privileges will not be impaired and to change his circumstances to his detriment. See Department of Transportation v. Rutkowski, 46 Pa. Commonwealth Ct. 64, 406 A.2d 248 (1979); Department of Transportation v. Hosek, 8 Pa. Commonwealth Ct. 580, 284 A.2d 524 (1971). Here, however, the delay was judicial, not administrative. And, although both DOT and the court may be said to serve the Commonwealth, DOT cannot, nor can any other party, be held accountable for the court’s delay. Chappell v. Commonwealth, 59 Pa. Commonwealth Ct. 504, 430 A.2d 377 (1981); see Juliano v. Department of Transportation, 68 Pa. Commonwealth Ct. 39, 447 A.2d 1112 (1982) (two year delay between hearing and action on operator’s appeal held not be sufficient to vacate suspension). Consequently, “[t]he Department [of Transportation] is chargeable only with delay occurring after it received the certification of conviction.” Chappell, 59 Pa. Commonwealth Ct. at 506, 430 A.2d at 379. It received such certification here on December 28, 1979 and reimposed the revocation in less than three weeks, i.e., on January 14, 1980. This was clearly not sufficient administrative delay by DOT to justify the vacating of the penalty imposed.
Order
And Now, this 29th day of December, 1982, the order of the Court of Common Pleas of Luzerne County in the above-captioned matter is hereby reversed and the action of appellant Department of Transportation revoking the motor vehicle operating privileges of appellee Michael Joseph Lyons for six months is reinstated.
75 Pa. C. S. §1543.