When the above-captioned appeal from suspension of operating privileges was called for hearing, a stipulation was entered into admitting into evidence eight exhibits on behalf of the Commonwealth. It was further stipulated and agreed that appellant’s petition set forth the facts of the case. No issues of fact being therefore involved, the matter was listed for argument. Briefs have been filed, the matter has been orally argued before the court, and is now before us for decision.
Since there is no dispute as to the relevant facts, we shall set them forth in narrative form. Appellant’s first assessment of points occurred January 20, 1969, following a conviction for executing an improper left-hand turn for which three points were
In this appeal, Hunter contends that since he had no violations of The Vehicle Code of April 29, 1959, P. L. 58, as amended, 75 PS §101, et seq., after August 27, 1970, and the present suspension was not effective until August 31, 1971, he was entitled to a two point reduction from his record as of August 27, 1971, pursuant to section 619.l(j), 75 PS §619. l(j), reducing the point total to nine, or two less than the number required for suspension under section 619.l(i).
Appellant’s argument is, in effect, that the assessment of points occurs as of the time the Secretary of Transportation makes the suspension effective. Such, however, is not the case. In Department of Transportation v. White, 3 Com. Ct. 527, Judge Wilkinson said, at page 528:
“The point assessment is made as of the actual date of conviction and subsequent clerical errors do not affect it.”
The assessment of points likewise was unaffected by the fact that a notice was sent to appellant on May 14th which incorrectly stated that his point accumulation was five points, since he had successfully completed a driver improvement school. Undoubtedly, at this time appellant was aware of the violation of August 27, 1970, and had to realize that the points therefor were not yet recorded: Department of Transportation v. White, supra.
Appellant further contends that because of the erroneous notice of May 14, 1971, telling him that his point total was five, he was prejudiced by the subsequent suspension of his license in August of 1971. In this connection, he has relied upon the case of Department of Transportation v. Hosek, Jr., 3 Com. Ct. 580. In that case, Judge Rogers said at page 585:
“The delay of 16 months from July 1969 to November 1970 was hardly compatible with the requirement that revocation should occur forthwith. However, there is authority for the principle that mere delay is not a reason for the court to set aside the action of the Secretary suspending a license. Heller Motor Vehicle Operator License Case, 196 Pa. Superior Ct. 340, 175 A.2d 305 (1961). But in none of the provisions of The Vehicle Code relating to suspensions is the Secretary placed under an obligation to act forthwith upon being notified of a conviction. Furthermore, in Heller, supra, not only was the operator not hurt by the delay, he caused it by dilatory tactics.
In this case, appellant has at all times held his operator’s license and has made no change in his position based on any inaction of the secretary. As Judge Woodside so aptly said in Heller Motor Vehicle Operator License Case, 196 Pa. Superior Ct. 340, 342:
“It is unfortunate that the wheels of justice ground so slowly in this case that Heller has been able to retain, for a far longer uninterrupted period than the law intended, a privilege that enabled him to speed*119 over the highways in brazen disregard of the laws governing their use. It would be even more unfortunate if, having enjoyed a privilege during a period when the law did not intend him to have it, that very enjoyment would be used as an excuse for not suspending the privilege at all.”
Suffice it to say, appellant has demonstrated no prejudice resulting from the delay in his suspension so as to bring into play the principle enunciated in the Hosek case.
ORDER
And now, March 29, 1972, for the reasons set forth above, the order of the Secretary of Transportation suspending appellant’s operator’s license be and is hereby sustained and the appeal from said order dismissed.
