86 Pa. Commw. 478 | Pa. Commw. Ct. | 1984
Opinion by
Joseph R. Naglich and Joe Naglieh Auto Sales, Inc. (Petitioner) appeal here from a decision of the State Board of Motor Vehicle Manufacturers, Dealers and Salesmen (Board) which ordered that Petitioner’s salesman and dealer licenses be revoked.
The Board concluded as a matter of law that Petitioner had violated Section 5 of the Motor Vehicle Salesmen’s License Act (License Act), Act of September 9, 1965, P.L. 499, as amended, 63 P.S. §805,
Petitioner questions the admission into evidence of various copies of documents from New York state.
Since the documentary evidence regarding the alleged illegal act must be excluded, the substantial evidence supporting the Board’s finding that Petitioner violated Section 5 of the License Act must be found in the evidence relating to Petitioner’s payment of a fine and costs pursuant to a citation for tampering
(a) General rule. — A plea of guilty or nolo contendere, or a payment of the fine and costs prescribed after any such plea, in any summary proceeding made by any person charged with a violation of Title 75 (relating to vehicles) shall not be admissible as evidence in any civil matter arising out of the same violation or under the same facts or circumstances.
(b) Exception. — The provisions of subsection (a) shall not be applicable to administrative or judicial proceedings involving the suspension of a motor vehicle or tractor operating-privilege, learner’s permit, or right to apply for a motor vehicle or tractor operating privilege, or the suspension of a certificate of appointment as an official inspection station, or the suspension of a motor vehicle, tractor, or trailer registration. (Emphasis added.)
We must agree with the Petitioner that Section 6142 does not apply to the evidence regarding Petitioner’s plea of guilty to the summary offense.
Petitioner denied throughout the proceeding that he had tampered with the odometer or that he had failed to disclose the true mileage on the vehicle he sold. Under the circumstances, we are compelled to conclude that since the documentary evidence and the testimonial evidence regarding the citation proceeding should have been excluded, there is no substantial evidence to support the Board’s crucial findings of fact. We, accordingly, reverse.
Order
The order of the State Board of Motor Vehicle Manufacturers, Dealers and Salesmen dated December 12, 1983, Pile No. 82-MV-726, is hereby reversed.
Repealed by Section 26 of the Board of Vehicles Act, Act of December 22, 1983, P.L. 306, 63 P.S. §818.26. A similar provision is now found in Section. 10 of the Board of Vehicles Act, 63 P.S. §818.10, which became effective subsequent to the instant proceedings.
The documents in question were objected to as hearsay at the hearing.
While the document is sworn to as being a certified copy of a New York State record, there is no indication that this is an official publication or an attestation by an officer having legal custody of the record, or that the notary was a public officer having official duties in the governmental unit in which the record is kept.
Petitioner also stated that he paid repair bills for the customer who purchased the car for which the citation was issued.
Repealed by Section 4 of the Act of June 14, 1983, P.L. 16. A similar provision is now found in Section 7132 of the Vehicle Code, 75 Pa. C. S. §7132.
Although the Petitioner denies that he entered a plea of guilty, he did admit that he paid a fine and costs believing that this would end the matter. This Court has previously held that payment of a fine and costs amounts to a plea of guilty and is equivalent to an admission of conviction. Commonwealth v. Jensen, 9 Pa. Commonwealth Ct. 451, 454, 307 A.2d 476, 477 (1973).