Motor Vehicles — Licenses — Suspension — Conviction of operator of offense in another state — Withdrawal of privilege to operate in other state — Subsequent suspension of license in Pennsylvania for other period.
1. Levy Motor Vehicle Operator License Case,
194 Pa. Super. 390, followed.
2. In this case, in which it appeared that the motor vehicle operator was convicted in New Jersey of speeding and had his privilege to operate a motor vehicle in that state withdrawn by New Jersey for a thirty day period; that subsequently the Pennsylvania Secretary of Revenue, after a hearing, suspended the operator's license in Pennsylvania for a period of thirty days (which period was subsequent to the New Jersey period of suspension); and that the court below reversed the Secretary of Revenue because it thought that the legislature contemplated by § 618(e) of The Vehicle Code of April 29, 1959, P.L. 58, that the New Jersey suspension should be concurrent with the Pennsylvania suspension, and as the operator had already been denied the privilege of operating his vehicle in New Jersey for thirty days the Pennsylvania Secretary of Revenue had no authority to suspend his license in Pennsylvania; it was Held that the order of the court below should be reversed and the order of the secretary reinstated.
Argued March 6, 1961.
OPINION BY WOODSIDE, J., March 22, 1961:
Angelo Josephson, a Pennsylvania resident licensed in this Commonwealth to operate a motor vehicle, was convicted in New Jersey of speeding, paid a fine, and had his privilege to operate a motor vehicle in that state suspended by action of New Jersey authorities for thirty days beginning June 22, 1960.
Subsequently, the Pennsylvania Secretary of Revenue, after a hearing, suspended Josephson's Pennsylvania operator's license for a period of thirty days beginning August 2, 1960. Section 618(e) of The Vehicle Code of April 29, 1959, P.L. 58, 75 Pa.C.S.A. § 618(e). Josephson appealed to the Court of Common Pleas of Luzerne County. That court reversed the Secretary of Revenue because it thought the legislature contemplated by section 618(e) that the New Jersey suspension should be concurrent with the Pennsylvania suspension, and as Josephson had already been denied the privilege of operating his vehicle in New Jersey for thirty days, the Pennsylvania Secretary of Revenue had no authority to suspend his license here.
For the reasons set forth in Levy Motor Vehicle Operator License Case, 194 Pa. Super. 390, 169 A.2d 596 (1961), the court below must be reversed.
Order of the court below is reversed, and the order of the Secretary of Revenue suspending appellee's license is reinstated.