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Home My WebLink About03-2134Todd M. Helman, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK Cottage Road, Shippensburg, PA 17257. 2. Appellee herein is the Department of Pennsylvania (PennDOT), having a mailing Transportation, Office of Chief Counsel, Third Pennsylvania 17104-2516. REQUIREMENTS Appellant herein is Todd M. Helman, residing at and having a mailing address off 129 Transportation of the Commonwealth of address of: Pennsylvania Department of Floor, Riverfront Office Center, Harrisburg, 3. This Honorable Court convicted Appellant on one count of violating 75 Pa.C.S. §3731(a), Driving Under the Influence on January 21, 2003. 4. This Honorable Court's sentence for this violation did not include a requirement to install ignition interlock devices on vehicles owned by Appellant. 5. Due to Appellant's DUI conviction, PennDOT suspended Appellant's driving privileges for a period of 1 year pursuant to 75 Pa.C.S. §1532(b) for the DUI conviction. 6. Appellant's 1 year suspension pursuant to 75 Pa.C.S. §1532(b) became effective on March 18, 2003, and will end on March 18, 2004. 7. PennDOT sent Appellant a Restoration Requirements Letter dated April 3, 2003, whereby PennDOT informed Appellant that his suspension will continue for one additional year if he does not install an ignition interlock device on every vehicle he owns. If Appellant does not comply, PennDOT will not restore Appellant's driving privileges on March 18, 2004, and Appellant will serve another one-year suspension for not installing an ignition interlock device. (A copy of the letter is attached hereto and marked as Appellant's Exhibit "A"). 8. Appellant appeals only the ignition interlock requirement that PennDOT imposed unilaterally without an order to do so from this Honorable Court. Appellant complied, or will comply, with all other requirements imposed by this Court in order to restore his driving privileges. 9. Appellant does not contend the suspension from March 18, 2003, to March 18, 2004. 10. On January 11, 2002, the Commonwealth Court of Pennsylvania held that "the trial court has jurisdiction over driver license suspension appeals and ... the plain language of the Act does not permit PennDOT to have independent authority to impose installation of an ignition interlock device." Schneider v. Commonwealth, 790 A.2d 363 (Pa. Cmwlth. 2002). 11. On December 19, 2002, The Honorable Edgar B. Bayley issued an opinion stating that PennDOT's actions are null and void when it orders the imposition of an ignition interlock device in the absence of an order to do so by a trial court. For this reason, appeals from PennDOT's unilateral ordering of ignition interlock devices cannot be quashed as untimely. Iteberlig v. Commonwealth, ~ Cumberland L.J. (December 19, 2002). 12. On February 7, 2003, the Commonwealth Court issued an opinion similar to Judge Bayley's in Heberlig. Watterson v. Department of Transportation, Bureau of Licensing, A.2d __ (Pa. Cmwlth. No. 1055 C.I). 2002). The Commonwealth Court held that PennDOT cannot quash as untimely an appeal challenging its unilateral imposition of ignition interlock devices because such an imposition by PennDOT is without authority of law and void ab initio. 13. Following the holdings and reasoning of Schneider, Heberlig, and Watterson, Appellant asserts that PennDOT's imposition of ignition interlock devices is unlawful in that it was done unilaterally without legal authority because this Honorable Court did not include such a requirement as part of Appellant's original sentence. WHEREFORE, Appellant respectfully requests this matter be set down for a hearing so that this Honorable Court can set aside Appellee's unilateral imposition of ignition interlock devices on Appellant's vehicles. Respectfully Submitted, Date: 5[~)[03 By: ~O ~-v~,~, ~ [./ t/~.~ '~- [ ! Paul Bradford Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Todd M. Helman, Appellant Vo Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.' Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a tree copy of a Petition for Appeal from Imposition of Ignition Interlock Requirements by the Department to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Date: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 By. (ll~l ~ aO~sq~ Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Todd M. Helman, Appellant Vo Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for Appellant; 2. He is authorized to make this verification on Appellant's behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information, and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ! ¥ Respectfully submitted, THE LAW OFFICES OF PAUL BRADFORD ORR By: ¢~~~ Paul Bradfor[~)r~, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellant Supreme Court ID# 71786 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 03, 2005 TODD MICHAEL HELMAN R~ WID ~ 030866114773915 001 LICENSE IN BUREAU Dear MR. HELMAN: This is an O~flclal Notlce of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 01/21/2003 conviction of violating Section 3751 of the Vehicle Code DRIVING UNDER INFLUENCE on 08/0q/2002: Your driving privilege is SUSPENDED for a perlod YEAR(S) effective 03/18/2003 at 12:01 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a 91,000 fine AND your driving privilege will be suspended/revoked for a MINIMUM 1 year period Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefullY. Even If you have served all the tlme on the suspension/revocation, we cannot restore your drlvlng priv- ilege untll all the requirements are satisfied. 'PLAINTIFF'S EXHIBIT - ! 0508~611~775915 PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 02006, Court Term 2002 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 15ql(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. COURT ORDER TREATMENT PROGRAM (ACT 122) Pursuant to Section 15q8(d) of the Vehicle Code, the Court of CUMBERLAND CTY , Court Number 02006, Court Term 2002 has ordered you to attend a treatment program for alcohol or drug add/ct/on. As a result of the court order, this suspension/revocation shall remain in effect until the De- partment is notified by the above Court that you have suc- cessfully completed treatment and you are otherwise eligible for restoration of your driving privilege. PAYING THE RESTORATION FEF You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. IGNITION INTERLOCK Before your driving privilege can be restored you are re- quired by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege wi1! remain suspended for an additiona! year. You wil! re- ceive more information regarding this requirement approxi- mately 30 days before your eligibility date. xHmmmT 1',~t ~ 050866114773915 PROVIDING PROOF OF INSURANCE Nithin the last $0 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. /mportant: Please make sure that PennDOT is not/f/ed if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, APRIL 05, 2005, of this letter. Z~ you ~11e an appeal in the County Court, the Court wlll glve you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710q-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORNATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-952-~600 TDD IN STATE OUT-OF-STATE 717-$91-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 PLAINTIFF'S EXHIBIT Todd M. Helman, Appellant Vo Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: O 2 "~1~ ~ Civil Term ORDER AND NOW, this ~c~ day of ~)/~t_ , 2003, upon consideration of Appellant's appeal, a hearing shall be held on the //~o~ day of (~g~ca~ _, 2003, at ~Sfi ,'alTO o'clock 0fl M in Courtroom Number ~ , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Jo cZ. TODD M. HELMAN, Appellant VS. COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2134 CIVIL CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL ORDER day of August, 2003, the appeal of the defendant from the suspension of his driver's license pursuant to 75 Pa.C.S. 1532 as a result of his conviction for driving under the influence, a violation of 75 Pa.C.S. 3731, is DENIED. His appeal from the notice of the Department of Transportation requiring the installation of an ignition interlock device prior to the restoration of his driving privileges is SUSTAINED. See Schneider v. Com., 790 A.2d 363 (Pa. Cmmwlth. 2002). BY THE COURT, Paul Bradford Orr, Esquire For the Appellant George Kabusk, Esquire For PennDOT :rim K~/~. Hess, J. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COLFNSEL VEttICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 R1VERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRIS BURG. PENNSYLVANIA 17104-2516 L~ 17) 787-2830 TODD M. HELMAN, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENS[ OF 'FRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-2134 Civil Term Amended Notice of Appeal Notice is hereby given that the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania f~om thc~ order that was filed in this matter on August 11,2003. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy of the docket entries are attached hereto. / TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104~2516 (717) 787-2830 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS AS SIST~,,NT COUNSEL APPELLATE SECTION ATTORNEY IDENTiFICATION NO. 2523 I RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 TODD M. HELMAN, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, IN THT:i COURT OF COMMON Pr EAS OF CUMBERLAND COUNTY, PA NO. 02 2 ~34 Civil Tem~ Request for Transcript A notice of appeal having been filed in this matter, the official court reporter is hereby requested to produce, certify and file the transcript in this matter in conformity with Pa. R.A.P. 1922. Prepare only tile origilml for inclusion i~ tl-~ recont tls the Appellant, Commo~p^,'ealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the transcript. *--/~ //~~~~ TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (5' 17) 787-2830 P~S510 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2003-02134 HELMAN TODD M (rs) PENNSYLVANIA COMMONWEALHT OF Reference No..: Case Type ..... : PETITION Judgmenh ....... 00 Judge Assigned: Disposed Desc.: ............ Case Comments ............. Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date Higher Crt 1.: Higher Crt 2.: 5/05/2003 4:23 0/00/0000 0/00/0000 General Index Attorney Info 17257 PETITIONER ORR PAUL BP~ADFORD HELMAN TODD M 129 COTTAGE ROAD SHIPPENSBURG PA RESPONDANT PA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COETNSEL 3RD FL RIVERFRONT OFFICE CT HARRISBURG PA 17104 * Date Entries * ............. FIRST ENTRY .............. 5/05/2003 PETITION FOR APPEAL FROM INPOSITION OF IGNITION INTERLOCK REQUIRMENTS 5/09/2003 ORDER - DATED 5/8/03 - IN RE PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS - BY PAUL BP~ADFORD ORR ESQ OF HIS DRIVER S LICENSE AS A RESULF OF CONVICTION FOR DUI - IS DENIED HIS APPEAL FROM DEPT OF TRANS REQUIRING INSTALLATION OF AN IGNITION INTERLOCK DEVICE PRION TO THE RESTORATION OF HIS DRIVING PRIVILEGES IS SUSTANIED - BY THE COURT KEVIN A HESS J COPIES MAILED .............. LAST ENTRY .............. * Escrow Information * * Fees & Debits Beg Bal Pymts/Adj End Bal * PETITION TAX ON PETITION SETTLEMENT AUTOMATION FEE JCP FEE 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 5.00 5.00 .00 10.00 10.00 .00 55.50 55.50 .00 * End of Case Information * TRLIE COPY FROM RECORD COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORN'SY ID¢,NTIFICATION NO. 25231 R[VERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 {717) 787-2830 TODD M. HELMAN, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSiNG, Appellant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-2134 Civil Term Proof of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Judge Kevin A. Hess Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 First Class Mail; Postage Pre-Paid; Addressed as Follows: Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Paul Bradford Orr, Esquire Att. for Appellee Singiser 50 East High Street Carlisle, PA 17013 DANA M. BRESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: August 25, 2003 TODD M. HELMAN, Appellee COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appel I ant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM LAW NO. 03-2134 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., cumberland County Courthouse, carlisle, Pennsylvania, on Monday, August 11, 2003, in Courtroom Number 4. APPEARANCES: GEORGE H. KABUSK, Esquire Pennsylvania Department of Transportation office of Chief Counsel For the Commonwealth PAUL BRADFORD ORR, Esquire For the Defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KABUSK: THE COURT: MR. KABUSK: Good morning, Your Honor. Good morning. This is the case of Todd M. Helman versus Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Case No. 03-2134. with me is Brian Crane, vehicle code, Influence, on suspended for 3/18/03. one of our certified legal interns. THE COURT: Okay. MR. KABUSK: This is an appeal from a notice of suspension, dated Apri] 3rd, 2003, which notified the petitioner that as a result of his 1/21/03 conviction of violating section 3731 of the relating to Driving under the 8/4/02, his driving privilege was a period of one year, effective Additionally, that notice informed him of the requirement for the Ignition Interlock. sub-Exhibit No. 2 is a report of Clerk of Courts. And I would direct your attention to Box G, Ignition Interlock required, no. And sub-Exhibit 4 is the driving record. I now move for the admission of what's been marked Commonwealth's Exhibit No. 1. THE COURT: I assume there is no 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 objection? Department's case, Your THE COURT: Schneider matters? MR. KABUSK: THE COURT: yet obvious]y? MR. KABUSK: MR. ORR: NO objection, Your Honor. THE COURT: It is admitted. MR. KABUSK: And that is the Honor. This is one of these Yes, Your Honor. It has not been resolved NO, Your Honor. MR. ORR: The only thing the petitioner would like to add, Your Honor, we would introduce Petitioner's Exhibit 1, which is the sentencing order of this court. It is certified. It looks like it was issued by this court on 18 March 2003. It does not have any Interlock requirement. THE COURT: We will take it under advisement. MR. ORR: This is one where the fellow actually has not even done his first year. And some of the courts have been allowing us in essence to get his year started, to sustain the portion of the appeal that says he does not have to have the Interlock but dismiss the portion of the appeal that 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 restored him. doing is I insofar as THE COURT: Normally what I have been say the appeal is sustained but only it pertains to this provision. I don't know whether that says the same said, Mr. Orr. MR. ORR: I think MR. KABUSK: what thing as what you it does. happens oftentimes in those is we ended up just continuing them generally. And some of the petitioners wanted the supersedeas to stay in effect. In this case, because he wants to serve the one year for the DUI, and obviously we have no objection to that, perhaps it would be better to issue an order dismissing the appeal in regard to the 1532/3731 one year suspension and then sustain the appeal regarding the Ignition Interlock, citing Schneider and other cases. THE COURT: You are agreeable? MR. ORR: Yes, we are, Your Honor. In essence I believe the gentleman only had one month served when he got restored. And that's not our goal from this side. we are just trying to keep the convictions to a one year suspension. (End of proceedings) 4 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Barbara E. Graham official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. //x~le. vin A. Hess, nth Judicial Di St ri ct IN THE COMMONWEALTH COURT OF iPENNSYLVANIA Todd M. Helman Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant : No. 1948 C.D. 2003 : Submitted: February 13, 2004 BEFORE: HONORABLE DAN PELLEGR1NI, Judge HONORABLE RENI2E L. COHN, Judge HONORABLE JIM FLAHERTY, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE COHN FILED: May 10, 2004 The Department of Transportation, Bureau o:f Driver Licensing (DOT), appeals from the order of the Court of Common Pleas of Cumberland County that sustained the appeal of Todd M. Helman (Licensee) from the requirement that he install an ignition interlock device on all vehicles that he owns before his operating privilege could be restored. In June 2000, Licensee was charged with violating Section 3731(a) of the Vehicle Code, 75 Pa. C.S. §3731(a)~ for driving under the influence. He was ~ This Section was repealed by Section 14 of the Act of September 30, 2003, P.L. 120, effective February 1, 2004, and replaced with 75 Pa. C.S. § 3802. The modification is of no consequence to the instant case. convicted of this offense in December 2000, which resulted in DOT suspending Licensee's driving privileges for one year. Two years later, in August 2002, Licensee was again charged with violating Section 3731(a), for which he was convicted in January 2003. At his sentencing for this conviction, the common pleas court did not order that Licensee install an ignition interlock device on his vehicles as provided for in Section 7002(b) of what is commonly known as the Ignition Interlock Law (Law), 42 Pa. C.S. §§ 7002(b)? On April 3, 2003, DOT sent Licensee an official notice informing him that his license was suspended for a period of one year as a result of the DUI conviction.3 The notice also provided that, at the conclusion of this one-year suspension, restoration of his driving privileges was conditioned upon him having an interlock device installed on each of the vehicles he owned.4 The notice also discussed the opportunities for review that were available, specifically explaining, 2 Parts of the Act were subsequently held unconstitutional, in part, by our Supreme Court in Commonwealtb. v. Mockaitis, 575~Pa 5, 834 A.2d 488 (2003). 3 The first line of the notice indicated that "This is an Official Notice of the Suspension of your Driving Privilege." (Official Notice of Suspension, 4/3/03 at 1)(emphasis in original). The notice read as to the ignition interlock requirement: IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain suspended for an additional year. You will receive more information regarding this requirement approximately 30 days before your eligibility date. (Official Notice of Suspension, 4/3/03 at 2). 2 inter alia, that Licensee had "the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the :mail date, April 03, 2003, of this letter." (Official Notice of Suspension, 4/3/03 at 3). Licensee filed an appeal with the common pleas court within the prescribed 30 days. In his appeal, Licensee challenged the interlock requirements, but not the one year driving privilege suspension. Common pleas conducted a de novo hearing on this appeal. Following the hearing, it issued an order sustaining the appeal on the basis of Schneider v. Deparm~ent of Transportation, Department of Driver Licensing, 790 A.2d 363 (Pa. Cmwlth. 2002).5 DOT filed a timely appeal to this Court from the common pleas court's order. Before this Court, DOT argues that, under Cormnonwealth v. Mockaitis, 575 Pa. 5, 834 A.2d 488 (2003), we must reverse the common pleas court's decision because DOT has independent authority to "require that repeat DUI offenders comply with the requirements of the [Act] as a condition precedent to the restoration of their operating privilege .... " (DOT's Brief at 22.) It contends, alternatively, that the common pleas decision must be vacated because Licensee was required to pursue an administrative remedy. Licensee has not participated in this appeal. We agree with DOT that, under Mockaitis, DOT has an independent duty to enforce the surviving terms of the Act. See iMankin v. Department of 5 The common pleas court does not explain why it found Schneider applicable. We note that this Court concluded in Schneider that DOT does not have independent authority to require a licensee to comply with the provisions of the Act, but that its application of the interlock requirement is dependent upon its receiving a court order requiring a licensee's compliance. Transportation, Bureau of Driver Licensing, 845 A.2d 249, (Pa. Cmwlth. 2004)(finding that "Under the surviving portion of the Ignition Interlock Law, DUI offenders who seek restoration of their driving privileges must apply to PennDOT for an ignition interlock restricted license.") Accordingly, based upon our decision in Mankin, and upon the Supreme Court's decision in Mockaitis, we affirm the common pleas order to the extent that it precludes DOT from requiring Licensee to install an interlock device on each of the vehicles he owns. However, we clarify that order by noting that DOT can require Licensee to apply for an interlock restricted license as a precondition for restoration of his driving privileges.6 Accordingly, the order of the common pleas court is affirmed without prejudice to the Department of Transportation, Bureau of Driver Licensing's ability to issue an interlock restricted license upon restoration of privileges. RENEE L. COHN, Judge 6 Based upon our resolution of this issue, we need not address DOT's remaining argument. We do note, though, that we have recently stated that the proper procedure for Licensee to challenge the requirement to install an interlock device on all vehicles owned is to file a timely appeal fi.om the notice of suspension. Freedman v. Department of Transportation, Bureau of Driver Licensing, 842 A.2d 494, 498 (Pa. Cmwlth. 2004) (concluding that "The proper procedure to challenge the Department's imposition of the ignition interlock device requirement is to file an appeal fi.om the notice of suspension .... It is well settled that a licensee must file his appea! within 30 days from the date the Department mails such notice.") Any challenges to DOT requiring Licensee to obtain an interlock restricted license, as noted by our Supreme Court in Mockaitis, may be pursued by appropriate administrative relief. Mockaitis, 575 Pa. at 43,834 A.2d at 503 (providing that "Should appellee or any other serial DUI offender be aggrieved by an actual determination by the Department in enforcing the remaining provisions of the Act, the administrative setting is the appropriate forum to raise such a challenge.") 4 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Todd M. Helman v. No. 1948 C.D. 2003 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant ORDER NOW, May 10, 2004, the order of the Court of Common Pleas of Cumberland County in the above-captioned matter is hereby affirmed without prejudice to the Department of Transportation, Bureau of Driver Licensing's ability to issue an interlock restricted license upon restoration of privileges. RENI~E L,, COHN, Judge Certified from the Record MAY 1 0 2004 and Order Exit