HomeMy WebLinkAbout02-1606:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
File No. Ooo, ~ I~1~
Commonwealth of Pennsylvania
Department of Transportation :
Appellee :
PETITION FOR APPEAL FROM A SUSPENSION OF OPER___AXING PRIVILEGE
DEN~AL OF DR~VER'S UCENSE/(~U'SPENS~ON OF MOTOR VEHICLE REGiSTRATiONs,)
1. Appellant herein is ~Qnte.! ~'. ~tl~t-e_g ,
residing at and having a mailing address of: 1DO ~:~o,x lO $'7 I ~Outrero~n ~
onrnx :'PA
I I d
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mai~ing address of:
Departmeut of Transportation, Bureau of Driver Licensing, Harrisburg,
Pennsylvania 17123.
v/ Department of Transportation, Bureau of Motor Vehicles, Harrisburg,
Pennsylvania 17123.
By letter or notice dated /1[[~/,107.-- ,a copy of which is attached
3.
hereto as Exhibit A, the De:3artment of Transportation
V/ ordered Appellant to surrender his / her operating license / motor vehicle
registration for a period of
denied the issuance / renewal of a driver's license.
DANIEL F. GAHRES,
Appellant
VS.
COM. OF PENNSYLVANIA,
DEPARTMENT OF TRANS.,
BUREAU OF MOTOR
VEHICLES,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-1606 CIVIL
: CIVIL ACTION - LAW
:
:
:
:
APPEAL FROM MOTOR VEHICLE REGISTRATION SUSPENSION
BEFORE HESS. J.
OPINION AND ORDER
Daniel F. Gahres (Appellant) has appealed the suspension of his motor vehicle
registration for a period of three months by the Pennsylvania Department of Transportation,
Bureau of Motor Vehicles. The facts of the case are as follows:
In November 2001, appellant was residing at an address in Ligonier, Pennsylvania.1
Between leaving his residence in Ligonier and relocating to Boiling Springs, Cumberland
County,2 in January 2002 appellant spent some time in the Boston, Massachusetts area. On
January 3, 2002, Mr. Gahres began participating in a training course for his new job as a
wilderness course instructor for Tressler Care Wilderness Services (Tressler) located in Boiling
Springs. His automobile insurance with Progressive Halcyon Insurance Company (Progressive)
for his 1990 Toyota sedan was terminated on January 6, 2002, apparently because he did not pay
a premium billed by prOgressive while he was between addresses. Mr. Gahres participated in a
Wilderness First Responder course for his job with Tressler between January 17 and January 27,
2002.
On January 22, 2002, appellant acquired a Pennsylvania Driver's License and in doing so
provided the Pennsylvania Department of Transportation, Bureau of Driver Licensing with his
RD1 Box 16, Ligonier, Pennsylvania 15658.
P.O. Box 10, 571 Mountain Road, Boiling Springs, Pennsylvania 17007-0010.
02-1606 CRIMINAL
new address in Boiling Springs. He then began working for Tressler in early February 2002 3
On February 2, 2002, .
the Pennsylvania Department of Transportation, Bureau of Motor Vehicles
sent a notice to appellant at his old address in Ligonier notifying him that it had received notice
that his automobile insurance through Progressive had been terminated and requesting
verification of his new insurance coverage.4
On March 8, 2002, appellant returned to Boiling Springs after leading a thirty-five-day
backpacking course through the Pennsylvania wilderness. Subsequently, he received the notice
sent to Ligonier about his lack of insurance and obtained automobile insurance from Progressive
on March 11, 2002. However, a period of more than thirty-one days had elapsed between the
termination of the original insurance coverage and the start of the new policy. The appellant also
testified that he operated his vehicle on the Tressler property during the gap in insurance
coverage between the two policies.
On March 26, 2002, another notice was sent by the Bureau of Motor Vehicles to
appellant at his current Boiling Springs address notifying him that his Pennsylvania motor
vehicle registration privilege was to be suspended for a period of three months beginning April
30, 2002 pursuant to 75 Pa.C.S. § 1786(d). A hearing was held before this court on June 10,
2002, to address the appellant's appeal from this suspension.
DISCUSSION
Pursuant to Section 1786(a) of Pennsylvania's Vehicle Code, every motor vehicle of the
type required to be registered, which is operated or currently registered, is required to be covered
by financial responsibility. Section 1786(d) further provides that upon a determination by the
Department of Transportation that the required financial responsibility was not secured for a
particular vehicle, the Department "[sJhall suspend the registration of [that] vehicle for a period
of three months." 75 Pa.C.S. § 1786(d):
3 Appellant's statement under oath on June 10, 2002 was that he began working on February 1, 2002. However,
according to a letter from his employer (identified as Defendant's Exhibit 1), Appellant began/nstructing the
wilderness course on February 4, 2002.
4 Incredibly, his change of address with one bureau of the Department of Transportation did not operate to change
his address with another bureau of the same Department.
2
02-1606 CRIMINAL
The Department of Transportation bears the initial burden of showing that a lapse in the
required financial responsibility has occurred. Department of Transportation, Bureau of Driver
Licensing v. Porter, 157 Pa. Cmwlth. 645,649, 630 A.2d 945,946-47 (1993). To satisfy this
burden the Department of Transportation must establish only that: (1) the vehicle in question is
of a type required to be registered in the Commonwealth; and (2) the required automobile
liability insurance has been cancelled or terminated. Id_~. (quoting Department of Transportation,
Bureau of Driver Licensing v. Riley, 150 Pa. Cmwlth. 259, 615 A.2d 905 (1992)). There is no
requirement in Section 1786(d) that the Department of Transportation establish that the person
was at fault or that the person intended to operate the vehicle without insurance. Stone v.
Department of Transportation, Bureau of Driver Licensing, 166 Pa. Cmwlth. 643,645-46, 647
A.2d 287, 288 (1994). The Department of Transportation also need not prove that the insured
actually received notice of the termination of his/her insurance. Id.~.
In the instant case, the Department met its required burden through the introduction of
certified documents showing that appellant's vehicle is the type required to be registered and that
appellant's insurance carder had terminated the insurance on the vehicle on January 6, 2002.
Having satisfied this burden of proof, the burden shifts to appellant to prove the applicability of
any exceptions to the suspension outlined in Section 1786(d)(1-3).
Unfortunately, appellant cannot establish the applicability of any of these exceptions. We
say unfortunately because we found the appellant forthcoming and his testimony credible and
discerned no nefarious purpose in his reluctance to insure a vehicle which he was not operating
on the highway. Section 1786(d)(1) applies to registrants who can prove that their insurance
coverage lapse was for a period of less than thirty-one (31) days and that the registrant neither
operated nor permitted the operation of the vehicle during the lapse in financial responsibility.
Appellant acknowledged in his testimony that the lapse in insurance coverage of his vehicle was
for a period of more than thirty-one days and that he operated the vehicle, albeit on private
property, during the lapse in financial responsibility. Thus, appellant cannot avail himself of
02-1606 CRIMINAL
this statutory exception to Section 1786 of the Vehicle Code.5
ORDER
AND NOW, this /6 ,t day of July, 2002, the appeal of Daniel F. Gahres from the
suspension of motor vehicle registration is DENIED.
BY THE COURT,
Kevi~. I~ess, J~. ~
Terrence M. Edwards, Esquire
For PennDOT
Daniel F. Gahres, Pro Se
:rlm
~ Section 1786(d)(2) applies when the registrant is a member of the armed services of the United States and the lapse
in fmancial responsibility occurs while the registrant is on duty and the vehicle is not operated during the lapse in
insurance coverage. There is no evidence in the record to show that Appellant is a member of the armed services of
the United States.
Section 1786(d)(3) applies when the insurance coverage has terminated or lapsed simultaneously with or
subsequent to the expiration ora seasonal registration. There is no evidence in the record to show that Appellant's
insurance coverage terminated with or subsequent to the expiration of a seasonal registration.
4. Supersedeas:
Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i), Appellant is retaining driver's
licen,~:e until final determination of the suspension of operating privilege.
Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the
Appeilant must be held before the Court of Common Pleas before an order of
supe:sedeas can be issued.
Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle
regis .ration until final determination of the suspension of registration.
5. The said suspension of Appellant's operating privileges /~ is
improper or unlawful for the following reasons:
Appellant respectfully requests that this matter be set down for a hearing and that
the c~der of~ns[~/order of denial be set aside.
~espectfullv submitted by,
Appellant
-2-
I verify that the statements made in this Petition are true and correct. I
unde'stand that false statements herein are made subject to the penalties of 18
Pa.C S.A. § 4904, relating to unsworn falsification to authorities.
Date z4~lt
-3-
DANIEL F GAHRES
S?~ HOUNTA~N RD
PO BOX ~O
~O~L~NG SPGS~ PA
~7007
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
ADDITIONAL NOTICE
MAIL DATE: 04/02/02
InfOrmation (7:00 AM to 9:00 PM)
Pennsylvania 800-932-4600
Out of State 71%391-6190
TDD pennsylvania 800-228-0676
TDD Out of State 71%391-6191
Dear Motorist:
Yon were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (imurance)
covering the operation of the following vehicle: MAKE: TOYOTA, BODY TYPE: SEDAN,
VIN NO: JT2SV21EOL3396622, TITLE: 56796901, TAG NO: EKW3413. This information was requested as a
result of this Bureau being notified by PROGRESSIVE HALCYON INS CO that the insurance policy covering the
vehicle was terminated on 01/06/02. Either no response was received or the information you provided indicated a
lapse of coverage which was not permitted under Section 1786 of the Vehicle Code.
As a result, the vehicle registration privilege will be suspended for three months effective 04/30/02 at 12:01 A.M. as
authorized by Section 1786 (D) of the Vehicle Code. This is a fmal order of suspension. Yon may obtain
reconsideration of this order by submitting a copy of your insurance identification card, the declaration page of your
insurance policy, a valid binder of insurance, or au application for insurance to the Pennsylvania Auto Insurance Plan
as evidence that the described motor vehicle was continuously covered by liability insurance. If there was a lapse in
insurance coverage, yon must provide this Bureau with proof of insurance indicating an effective date of coverage of
less than 31 days from 01/06/02, and also provide a notarized affidavit stating that your vehicle was not operated
during this time. It is necessary for you to provide copies of the insurance documents and return them with this
notification. A self addressed label is enclosed for your convenience, plone note that original documents will not
he returned. This is a fmal order of suspension and unless yon receive n6tice from this Department that
reconsideration was granted, you will be required to return your current registration plate, sticker and card.
Additionally, credit toward serving the suspension will not begin until the registration plate is received by the Bureau.
Yon will be required to pay a restoration fee in the amount of $50.00, to the Department in accordance with Section
1960 of thc Vehicle Code.
We have enclosed a self-addressed envelope for use when corresponding and a mailing label to a~st with the return
of your registration plate, sticker and card.
Yon have the right to appeal this suspension to the Court of C. ommon Pleas of the county of your residence within
thirty (30) days of the date of this notice. Sending a copy to this Department of a timely, I'ded appeal will stay the
Department's action pending a final decision by the coup. The .cgpy must_be__sent__b}, ...c~. i.?..ed.~m...~._~o ~'IRD
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEI~ CUUNSI~L, ara
FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07,.-- I ,o¢
COMMONWEALTH OF PENNSYLVANIA
PfiNNSYLVANIA DEPARTMENT OF
TRANSPORTATION BUREAU OF
DRWER LICENSiNG
ORDER OF COURT
AND NOW, this ~ day of 0t~2,~x~) , 2002, based upon Appellant's Appeal, a hearing'
shall be held on///t~ day of ~_d~,g~.a2~, 200__4 in Courtroom '7t at C] ;~C) o'clock ~sL.m.
at the Cumberland County Courthouse.
DANIEL F. GAHRES,
Appellant
Vo
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION BUREAU :
OF DRIVER LICENSING :
IN THE COURT OFICOMMON PLEAS OF
CUMBERLAND COUN!?Y, PENNSYLVANIA
CIVIL ACTION - AW
NO. 02-1606 CIWlL TERM
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held be
HONORABLE KEVIN A. HESS, J.,
County Courthouse, Carlisle,
on June 10, 2002, in Courtroc
APPEARANCES:
Terrance M. Edwards, Esquire
For PennDOT
Daniel F. Gahres, Pro Se
fore the
Cumberland
Pennsylvania,
m Number Four.
INDEX TO WITNESSES
FOR THE APPELLANT
Daniel F. Gahres
By the Court
By Mr. Edwards
DIRECT CROSS
11
INDEX TO EXHIBITS
FOR THE APPELLANT
Ex. No. 1 - Wilderness letter
Ex. No. 2 - Notice from PennDot
Ex. No. 3 Declaration sheet
FOR THE COMMONWEALTH
Ex. No. 1 - certification
REDIRECT
RECROSS
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MR. EDWARDS:
THE COURT:
MR. EDWARDS: May it please
Terrance Edwards, Office of General Counsel
the Commonwealth of Pennsylvania, the Depar
Transportation, Bureau of Motor Vehicles in
By official notice dated Marc
the Department of Transportation, Bureau of
notified the owner, Daniel F. Gahres, that
his failure to provide proof that he had ma
financial responsibility on a Toyota Sedan,
56796901 Pennsylvania tag number EKW3413, t]
of his vehicle was being suspended for 3 mon
April 30th, 2002, as authorized by Section 1
Vehicle Code, 75 Pa.C.S. 1786(d).
At this time the Bureau offer
a packet of documents, Commonwealth,s Exhibi
signed and sealed by the Secretary of Transp
the Director of Bureau of Motor Vehicles, an~
accordance with 42 Pa.C.S. 6103 and 6109 rel~
of official records, and 75 Pa.C.S. 1377 rel
Judicial Review, establishing the notice to
the vehicle registration suspension and the
Bureau of the cancellation of his insurance
Progressive Halcyon Insurance Company on Jan
Good morning,i Your Honor.
Good morning.
the Court, I'm
representing
.ment of
this matter.
:h 26th, 2002,
Motor Vehicles,
~s a result of
ntained
title number
e registration
ths, effective
786(d) of the
into evidence
Number 1,
rtation and
certified in
ting to proof
Lting to
Ir. Gahres of
.otice to the
olicy by
ary 6th, 2002.
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Your Honor, I also provided
copy of Section 1786 of the Vehicle Code.
admission of Commonwealth,s Exhibit 1, the
rest, Your Honor.
THE COURT: Okay. Is it
pronounce it Gahres or Gahres?
THE WITNESS: Gahres.
THE COURT: Is there any te~
want to offer in this case?
THE WITNESS: Yeah. I had
have papers here to show Your Honor --
THE COURT: Okay. Why don't
and take the stand. He'll put you under oat
what you need to bring up with you, and if w
anything an exhibit we'll do that.
MR. GAHRES: Okay.
Whereupon,
DANIEL F. GAHRES
having been duly sworn, testified as
BY THE COURT:
Q
record?
A
Q
A
Do you want to state your nam,
Daniel F. Gahres.
And your address for the reco]
P.O. Box 10, 571 Mountain Roa¢
the Court with a
~ith the
~ureau would
do you
timony that you
moved from -- I
you come on up
h. Bring up
need to make
ollows:
for the
d is what?
, Boiling
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Springs, Pennsylvania, 17007.
Q And are you employed?
A Yes, I am.
Q What do you do?
A I'm a Wilderness Course Inst
Tressler Care Wilderness Services. I lead
out on the trail backpacking. Actually a
30 five day courses, including preparation.
letter here --
Q Okay.
A -- from my director.
Q Okay. What does that say?
A Would you like me to read it'
Q Go ahead.
A Okay. It says to whom it ma'
part of employment as a Wilderness Instructo~
was required to attend a mandatory training
3rd, 2002, to January 16th, 2002. Upon com
training he began instructing the Wilderness
February 4th, 2002, and completed his work f¢
on March 8th, 2002.
This position has quite a uni~
that an instructor works 35 days at a time.
performing the duties of a Course Instructor
duty for 24 hours a day, and travel througho%
fuctor for
31 day courses
~otal of about
I do have a
concern, as
?, Dan Gahres
!rom January
~letion of the
Course on
r that course
ue schedule in
~hile
5hey are on
the eastern
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United States.
position with us please feel free to contac
center. Sincerely, Jason E. Brode, Direct(
Services.
Q The letter setting forth the
of your employment from someone else would
that would be -- if you testified, that wou
accordance with your testimony as well?
A
January what?
A
January 16th.
Q
A
If you require further in regard to Dan's
me at the
of Wilderness
Correct.
So to recap, you were in tra
I was in training from Janua
16th, and then where did you
I was in training for Wildern
Respondent, a medical course that I'm requir~
my job, for the next 10 days after that, and
remained at Tressler until I began working o~
February 1st.
Q Okay. Well, I'll admit the
just as a remainder to me of your circumstan¢
does that impact on this -- on the registrati
insurance of this vehicle?
A I began working there January
moving out from -- I lived in Ligonier, Penns
6
~ircumstances
~e hearsay, but
d be in
ning from
F 3rd to
o?
ss First
~d to take on
then I
my course
~tter anyway
es, but how
on and
3rd. From
;lvania, which
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is out near Pittsburgh. Changing my addr~
to Boiling Springs, I had kind of a lapse
about a month where I was up in the Boston
During that time my insuranc
me to pay a premium, and they were sending
to my new address since I had changed my ad,
not received that, and that's how my insurar
canceled.
When I did get to Tressler Ca
employment, and my new housing, I did learn
insurance was canceled.
Q And when was that?
A That was I believe the -- I
notice on the 6th of January, I believe, thai
canceled it the end of December.
Q And then what did you do?
A I had called them and started
determine why they had canceled it, and tryir
I could do in order to regain my insurance.
to regain it. Once they canceled the insuran
3s from Ligonier
housing for
rea.
was requiring
he information
[ress, and I had
.ce got
re, my new
that my
r,~ceived a
they had
to try and
g to see what
I was unable
ce it's out of
the computer system and you need to get new
From that point I knew that I
Tressler Care and not using my car so I decid
through the month of January and February unt~
on March 8th to re-establish my insurance.
i ~surance.
vould be at
~d to wait
.1 I got back
was looking
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to get a new car in September, and I figure
gap from March to September would work perf
I had not received notice fr
Department of Transportation that I needed
until February 2nd, I believe, is the first
sent out to me that insurance was required
However, that notice was sen!
at Ligonier, Pennsylvania. I had just gott
Pennsylvania license -- driver's license in
had changed my address with PennDOT to my ne
Springs address, and then in the beginning
received this notice, but it came to my --
address.
lapsed?
Q
The notice saying that your il
address.
March 8th.
A
Yeah.
And you needed to do somethin¢
I needed to get insurance.
Okay.
The first --
Well, then that went to the L2
Did you ever get it or read it or
A I got it when I got back from
Q So after March 8th.
d the 6th month
ectly.
Dm the
~o get insurance
notice they
to the address
en my
January, and
w Boiling
cf February I
the Ligonier
~surance had
about it.
onier
ee it?
~ourse, after
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A
Yeah.
And by then --
By then the 31 days which --
days that PennDOT requires, you know, the 1~
insurance to be less than 31 days, it had al
acceded.
vehicle?
llth.
Q And you currently have insur.
A I do, yes. The insurance
Q
March llth?
I began insurance when I got
And do you have a copy of thc
sheet or anything like that?
A
the table.
Q
A
Yes, I do. It's actually --
Okay. Well, why don't you k
Thank you.
Q Okay. You have the letter fa
and you have the declaration sheet. Those
paper, what we can do is xerox those when th
over, and we'll mark them as Appellant,s Exhi
respectively, and then make sure that he gets
originals.
A I also have the notice that Pel
the lapse of 31
~pse of
.ready been
.nce on this
arted on March
Sack.
declaration
left it on
nd it up?
'om your boss,
wo pieces of
hearing,s
bit 1 and 2
back these
%nDOT sent me
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on February 2nd with the Ligonier address an it.
Q Okay. We'll make that an exhibit too in
this case. And as I said, at the end we'l
this -- all these papers, and we'll give th
you.
A Okay.
Q And mark the copies as exhib
had not filed then as of February 2nd a char
with the Department of Transportation notif}
address had changed from Ligonier?
A Well, I had gone to get my dr
the end of January. January 22nd is when I
new driver's license with the new address.
Q January 22nd?
A Yes.
Q Do you have your driver's lic~
A Yes, I do.
Q I wouldn't, obviously, take t~
but I just want to just see that. I guess
on it, doesn't it? Okay. It indicates hi
license -- I don't know whether any of this m~kes any
difference or not. I don't know. And if i
a difference, it's a real shame because you h~
caught up in the bureaucratic tangle.
A Yeah.
10
copy all of
s stack back to
.ts. So you
.ge of address
lng that your
iver's license
Nas issued my
~nse with you?
at from you,
t has the date
driver's
doesn't make
ye been
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Q But whether I have -- as a j
authority to cut threw it is entirely a dif
But the record will reflect that your licen
January the 22nd, 2002. And now, you had
some other state?
A
Massachusetts.
So apparently sometime after
your license, the notice about your insuran¢
sent to the last address that apparently thc
A Yes.
Q And that was dated February 2
though on January 22nd, 2002, you had -- wel
received a driver's license with the address
Springs?
A
Q
Correct.
Okay. So you're telling me
a February 2nd, 2002, letter until it was to
A
place.
Edwards.
BY MR. EDWARDS:
Q
Correct. After the 31 day it
THE COURT: Okay. Ail right
MR. EDWARDS: Thank you, Your
CROSS EXAMINATION
Mr. Gahres, the report that th~
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udge have the
ferent matter.
~e was issued on
)een licensed in
the issuance of
e problem was
y had for you.
md, 2002, even
[, you had
of Boiling
'ou did not get
late?
)se had taken
Mr.
onor.
department
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-- Bureau of Motor Vehicles received from y
company indicated that the insurance lapsed
of this year.
A
Q
Is that true?
Correct.
On or after January 6th of 2(
drive that vehicle?
A I did not.
Q Where was it during this per~
A It was at Tressler Care Wild~
in Boiling Springs. I did drive it on the
there, which is private land.
Q
period of time?
A
Q
A
Q
So you did operate the vehicl
I did operate the vehicle.
After it was cancelled?
Yes.
When you went down on January
this year, to change your driver.s license, d
the Bureau of Motor Vehicles that you wanted
registration address for the vehicle at the s
A No, I didn't.
Q Okay. Are you aware that the
notification to both the Bureau of Driver Lic~
change your license, and notification to the
Motor Vehicles to change the vehicle registra
12
~ur insurance
on January 6th
)02, did you
od of time?
rness Services
~ampgrounds
during that
!2nd of 2002,
id you notify
to change the
~me time?
law requires
~nsing to
lureau of
ion?
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A
I was not aware of that.
MR. EDWARDS: No further
Your
Honor.
THE COURT: Okay.
Thank )u.
You can
step down.
MR. EDWARDS:
Your Honor, i~ I may
approach.
THE COURT: Sure.
MR. EDWARDS: I would like
couple of unreported cases from the
are relatively recent that address the Burea
proof in these cases.
THE COURT:
MR. EDWARDS:
offer just a
Court that
s burden of
Okay.
One is Dean vel ~us the
Department of Transportation, Bureau of Moto: Vehicles.
That was filed March 13th, 2002, by Judge
THE COURT: Okay.
MR. EDWARDS: And the other i Paladino
versus Department of Transportation, Bureau o Motor
Vehicles, filed September 12th, 2001. And I will point
out to Your Honor on page 4 of Judge Cohn's )lnion, the
first full paragraph, Your Honor, reflects th Lt the
Bureau,s burden in a case like this is merely to show that
the vehicle was required to be insured, and at the
required automobile liability insurance has en canceled
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or terminated, and we believe in this cas~ ~ith the
introduction of our documents we've satisfactorily
established that.
THE COURT: Well, not only ~atisfactorily
established it, but the Appellant doesn't d.sagree.
MR. EDW~2RDS: Yes, Your Hone
THE COURT: I mean the fact:
in dispute, from what I can see. He didn'
requirement to register the vehicle -- or a
address for a registration, but how -- are
then that this warning about the insurance
apparently sent to the wrong address, this
different department than the Motor Licensin¢[?
MR. EDWARDS: Yes, Your
THE COURT: And the one -- if he doesn't
change his license with the one department, then -- even
though he changes it with Licensing, the BurEau of Motor
Vehicles doesn't know about that?
MR. EDWARDS: That's correct Your Honor.
There is case law on that, and I wasn't aware this issue
was going to come up or I would have a copy ol the case.
THE COURT: Let me say for th~ purposes of
adjudicating the case, I'm going to indicate ~r the record
that I find Mr. Gahres credible.
MR. EDWARDS: Fine, Your Hono~
14
,r.
really aren't
know about the
separate
)u telling me
t[~at was
c()mes from a
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THE COURT:
he has just told me.
MR. EDWARDS:
Honor.
And that I bell.
We don't disa~
THE COURT: And I fear that
despite the equities, it's not going to matt
probably going to have to deny his appeal.
position?
MR. EDWARDS: Yes, Your Hon,
going to say, there is case law for Commonv
notes that notifying the Bureau of Driver Li
not satisfy an owner's obligation to notify
Motor Vehicles of a change of address for pu
vehicle registration.
You use the term bureaucratic
That's the law. And it is very bureaucrati
two completely separate organizations under
of Transportation. Their computer systems
and I don't know why, but they don't talk to
Your Honor.
THE COURT: I'm not even sur,
I'm sitting up here in a black robe.
MR. EDWARDS: It's a rather
THE COURT: And you expect him
MR. EDWD.RDS: I understand,
15
~ve everything
[ree, Your
in the end,
er, and I'm
That's your
r. As I was
alth Court that
=ensing does
zhe Bureau of
zposes of the
Your Honor.
~, but they are
he Department
re separate,
each other,
I knew that.
uchaic system.
to know that.
Y~)ur Honor.
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This is -- all I can say, Your Honor, is that's the law.
THE COURT:
least send me that case?
MR. EDWARDS:
THE COURT:
important.
MR. EDWARDS:
THE COURT:
I'll tell you wi
Yes, Your Hon,
Or fax it to me
Yes, Your Hon(
Because it woul~
that it's one government, and if he gets a
end of January and tells them he doesn't liv
any more, and two weeks later the same gover:
a notice about his insurance that he doesn't
one branch of the same department doesn't eve
other, that's ludicrous, but I can't change
understand that?
MR. GA/iRES: Yes.
THE COURT: And the law is wl
So if that's what the case stands for --
MR. EDWARDS: I will provide
THE COURT: If these two bran
responsible for any interface in cases like tl
MR. EDWARDS: No, Your Honor.
THE COURT: Then I have to fo~
rules.
MR. EDWARDS: The other thing
16
lat, will you at
,r.
because it is
seem to me
icense at the
in Ligonier
ment sends him
get, because
~n talk to each
he law. You
at the law is.
~hat.
~hes are not
~is - -
.low the
I want to
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point out, Your Honor, is Mr. Gahres admitsl that he did
operate the vehicle after January 6th.
THE COURT: Is the operatio] -- is that
tied in with the operation of a vehicle on roadway or
what is the phrase --
MR. EDWARDS:
THE COURT:
MR. EDWARDS:
THE COURT:
it on a trafficway.
saying.
Trafficway.
Trafficway.
Yes, Your Hon,
He's saying he
MR. EDWARDS: Well, he said
THE COURT: Right. Well, t
That's what I'm asking you. Is the:
between going out and turning on the engine
moving in the engine, which is basically the
equivalent of what he did, as opposed to bac~
the driveway and going onto the road?
MR. EDWARDS: Your Honor, the
Mr. Gahres to establish that he did not opera
period of less than 31 days after the 6th of
2002.
THE COURT: No. I understar
asking you what does operation mean? Does it
trafficway or is simply moving it on a piece
property operation?
17
id not operate
he operated it.
lat's what I'm
~e a difference
~o keep oil
functional
ing it out of
burden is on
te it during a
7anuary of
3. I'm just
mean on a
~f private
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MR. EDWARDS:
driver licensing side that says operation o]
doesn't make any difference, and I think it
context of a DUI or a chemical refusal, You~
don't know whether that would apply in this
operation is operation, Your Honor.
THE COURT: Well, that is tr
purposes of serious traffic offenses.
MR. EDWARDS:
THE COURT:
types of traffic offenses.
There is casel law on the
Yes, Your Honor
Though it is not
MR. EDWARDS: Yes, Your Hono]
I can't answer that question. That I'm not
THE COURT: Okay. Well, jus
other.
MR. EDWARDS: I will, and I'l
letter on it and I'll mail a copy to Mr. Gah]
aware of what the case law is, Your Honor.
THE COURT: Okay. Very good
I'll file my opinion and order, whatever it it
and I will mail a copy of that to you at P.O.
Mountain Road.
MR. GA}{RES: Yes.
THE COURT: Okay. Thank you.
(Whereupon, the proceedings concluded at
18
a private land
in the
Honor. I
~rea, but
ue for the
true for other
', and that --
familiar with.
t fax me the
put a cover
s so he's
Thank you.
~, Mr. Gahres,
Box 10, 571
:54 a.m.)
CERTIFICATION
I hereby certify that the pr~
contained fully and accurately in the notes
the above cause, and that this is a correct
same.
A Ellne
Official Court Repo~
The foregoin9 record of the pr(
the hearin9 of the within matter is hereby ap
directed to be filed.
Dat~
)ceedin~s are
taken by me on
transcript of
?ter
~ceedings on
,roved and
Kevi~/A' Hess, J[.
Nyh Judicial D~strict
19