5 Pa. Commw. 621 | Pa. Commw. Ct. | 1972
Opinion by
We have before us an appeal filed by the Commonwealth of Pennsylvania, Department of Transportation (appellant), from an Opinion and Order of the Court of Common Pleas of Franklin County. On the afternoon of June 28, 1970, Oscar Paul Bechtel, appellee (Bechtel), while operating his automobile in the City of Chambersburg, was involved in an accident. The
On August 24, 1970, in the Court of Common Pleas of Franklin County (Criminal Division) appellee pleaded guilty to. the falsification charge. The charge relating to operating a vehicle while under the influence of alcohol was “nolle prossed.”
The Clerk of the Court of Common Pleas of Franklin County, on August 25, 1970, certified Bechtel’s conviction under , the Penal Code, to the Department of Transportation, Bureau of Traffic Safety. The Department of Transportation notified Bechtel by mailed no
Section 618(a)(2) of The Vehicle Code, at 75 P.S. reads:
“(a) The secretary may suspend the operating privilege of any person, with or without a hearing before the secretary or his representative, upon receiving a record of proceedings, if any, in which such person pleaded guilty, entered a plea of nolo contendere, or was found guilty by a judge or jury, or whenever the secretary finds upon sufficient evidence:
“(2) That such person has been convicted of a misdemeanor, or has forfeited bail upon such a charge, in the commission of which a motor vehicle or tractor was used.”
The Penal Code, at 18 P.S. §4328, states: “Whoever, in any matter within the jurisdiction of any department, board, commission or agency of the Commonwealth of Pennsylvania, . . . makes any false, fictitious' or fraudulent statements or representations, . . ! knowing the same to contain any false, fictitious or fraudu
The Commonwealth maintains that the above-cited statutory quotations support its position that Bechtel’s conviction of the misdemeanor of falsification of information to a state agency, given the facts of this case, are sufficient grounds upon which to suspend Bechtel’s operating privileges. We cannot agree with the Commonwealth in its statutory construction and application.
A reading of the appellate and lower court cases cited in the briefs of both parties leaves little doubt as to the proper interpretation of Section 618(a)(2) of The Vehicle Code.
For whatever reason, Bechtel suffered an automobile accident. It was only after the accident that he falsely notified the State Police of the theft of his automobile. His later falsehood was not an integral part of the completed vehicular accident. His use of the automobile was not an integral part of the falsehood. His falsehood had indeed violated The Penal Code of this Commonwealth, as clearly indicated by his conviction before the Criminal Court. His falsehood, and his desire for its furtherance, were not operative at a time
In the light of our determination of the major issue relating to our construction of the statute, it is unnecessary to consider the other questions presented.
Based upon the above analysis, we affirm the Opinion and Order of the Common Pleas Court of Franklin County sustaining Bechtel’s appeal and directing the Secretary of the Department of Transportation to reinstate his operating privileges.
It should be noted that the “scene of the accident” and the location of the automobile when found by the State Police are one and the same.
See Creasy License, 49 D. & C. 2d 775 (1970) ; License of Malloy, 81 D. & C. 422 (1952) ; License of Dieter, 76 D. & C. 181 (1951).