3 Pa. Commw. 580 | Pa. Commw. Ct. | 1971
Opinion by
The Court of Common Pleas of Allegheny County sustained the appeal of Anthony A. Hosek, Jr. from the revocation of his operator’s license by the Secretary of Transportation. The Commonwealth has appealed.
The Commonwealth presents us with two issues:
First, it contends that there is no right to appeal from the Secretary’s action in revoking a license, as distinguished from the action of suspension. Section 620 of The Vehicle Code, 75 P.S. §620, so provides, and case authority so held. Brennan’s Case, 344 Pa. 209,
It is apparent to us that the Legislature intended by Section 47 of the Administrative Agency Law to supply the constitutionally required right to appeal from administrative adjudications, including the right to appeal from an adjudication of revocation of an operator’s license. It is equally clear that the Legislature by Section 403(1) (i) of the Appellate Court Jurisdiction Act of 1970 intended that the Commonwealth Court should not have jurisdiction of direct appeals in matters relating to the revocation of licenses. Considering the object sought to be obtained by the Legislature in the implementation of the new constitutional provision and regarding Section 403 (i) of the Appellate Court Jurisdiction Act of 1970 as a particular provision relating to the subject matter, we hold that matters relating to revocation of operating privileges ai*e properly appealable to the court of common pleas of the county in which the operator resides as in the case of appeals from suspensions. The Vehicle Code, supra, 75 P.S. §620. •
The Commonwealth further contends that the court below abused its discretion in determining that under the circumstances of this case the operator’s privileges
Order affirmed.