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Home My WebLink About94-04459 g <: ~ J \)-- lc) ~ I -:r- 0- / / I .1 0' < , ,. / , { / I , I , I' I / , 'I , , I "I \ II "1 " 'I i I I' ., I. " , , - .~ t ~~ , ~ N r--.. ;!if; 00 :>-1>- l N r-.j .. ''-'1 " . l- f: , '. ~ IJI. - "f , tN ;1' '- .' ' C"-i ~ <:) p ~ . . "" ", ~ n;J '" ~ \-1') Vi !il ~ ":)- ...t ~ 1(5 . it;" ;~ s o u ~~ ,~ o \/) ~~u t o , U "t- ~ Oll 0"- ..~l..~.,. -;;;=-===~~"":t:.::=;:;~~-;;=== ~ .. =. '.;.-.;'.~;_7;;'-:.';,_ ,-l;:'-"::"C-,,";~':'-:.:.:~C::::";"';'.-,:; .::1::=::':';:=: ~;..::;:::=-..==--:=; . ~ . .z ~o $ 3 ~ ..... !:;i(!3.... ~~~J ffiUl~ ~ ~~~ I'< 0 0l'<E-< 00 g: :F. ~~~ ~~~ Us 15 8QIXl :,::=_-::;,:.:,:.:;:~:;O:~;':""'.=:';;;' :.0 ..__ .___~ ~ ~ .... .... ~. p, ..: . ~ . tJ S! 1 , ., . ~ H E-< ~~~ I'<~H 0, ~ ~ I>: ~ 0 Ol'<E-< 00 ~I: I'< 0 ~ p ~~~ ~QIXl --~------_. ._._0._'__'" ... ~ ::; S N ~ ~ Of ~i= t:~ ~~~~ ~g~ttlZ ~E'~ ..:ir-:~ ozE!" '" I- l.fl ;:J ~. ;>- p.:o-J8,~:r:;>- ~~~~ o~:;!:;~;2 oS?o~ ~~";;;;J.;z .... ~ oo......~ Ii :1i...J ~~Ij;i=~P: 0::>'0-'- f:'JO~..,...iUJ <f)eJ~c) e:: ..J J ...J W I.J ..: OL>.~ ::::!l ::>'0 ''':j ti ~ ....J <..:":u ..: - - of: ---- u __.~_ _"";.:..:.:'-<',.,_,:::.,...:;::=.:..'::,.;",_.::..-=--..:.:."',:._ . __ __-~_l ~__ _ - , , I .., , . CHARLES E. NACE, JR., Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 94-4459 CIVil TERM V. COMMONWEALTH OF PA., DEPT. OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellee IN.B.Ei QfItllim Hoffer, J: This oase arises from the suspension of the motor vehicle registration privileges of Charles E. Nace, Jr. On Maroh 6, 1994, Naoe canoeled his car Insurance because his vehicle had been damaged In an accident, and he did not wish to carlY Insurance while his car was being repaired. The vehicle was not operated during the period of Insurance lapse. Although Nace reinstated his Insurance polley on June 22, 1994. the Department of Transportation suspended his vehicle registration privilege for three months effective August 12, 1994. This suspension was Imposed pursuant to 75 Pa.C.S.A. ~ 1766 (d) for failure to maintain Insurance coverage as required by law. Nace has appealed, requesting this Court to revoke the suspension order of the Department of Transportation. The Issue for disposition Is whether the Department of Transportation has the authority to Impose a three month registration suspension following the restoration 94-4459 CIVIL TERM of Insurance ooverage. C1Euu1gn In appealing the suspension of his registration, Naco oltes pommonwealtb ~, 156 Pa. Commonwealth Ct. 493, 631 A.2d 1114. I:iaf.Wf1ls one of a series of cases addressing the Issue of 'whether Seotlon 1766 (d) authorizes. . . [the Department of Transportation] to suspend registration only until financial responslblllly Is restored or . . . authorizes [the Department of Transportation] to Impose a three month registration suspension following restoration of financial responsibility.' J.d. at 494, 631 A.2d at 1115. The Identlcall~sue was before this Court In ~n eureau ~cen.alng...Y,~, No. 3450 Civil 1992 (Cumberland Co.) (flied November 12, 1992), atfi1157 Pa. Commonwealth Ct. 603, 630 A.2d 561 (1993). The Marpoe case was decided In light of the 1993 provisions of ~ 1786 (d), which provided In pertinent part: (d) suspension of registration trnf operating privilege.. The Department of Transportation shall suspend the registration of a vehicle If It determines that the required financial responsibility was not secured as required by this chaptar and shall suspend the operating privilege of the owner or registrant ~fi montM If the department determines that the owner has operated or permitted the operation of the vehicle without the required financial responsibility. The operating privilege shall not be restored until the restoration fee for the operating privilege provided by section 1960 (relating to reinstatement of operating privileges or vehicle registration) Is paid. Whenever the department revokes or suspends the registration of any 2 94-4459 CIVIL TBRM vehlole under Ihls chapler, the departmenl shall nol restore the registration unlll the vehicle owner furnishes proof of financial responsibility In a manner determined by the department and submlls an application for registration to the Departmenl, accompanied by the fee for registration provided by section 1960. This subsection shall not apply In the following circumstances: (1) The owner or registrant proves to the satisfaction of the department that the lapse In financial responsibility coverage was for a period of less than 21 days and that the owner or registrant did not operate or permit the operation of the vehicle during the period of lapse In financial responsibility. (emphasis added) Examining the 1993 prc.v;slons of ~ 1766(d), Ihls Court drew a dlstlnotlon between the ooeratlQQ of a vehicle that lacks financial responsibility and the mWntenance of such a vehicle. Marpoe No. 3450 Civil 1992 at 4.5. Noting that the provisions of the statue pertaining to [lli!lntenance of a vehicle wlthoul Insurance made no mention of Ihe duration of suspension of registration, while the provisions of the sial ute related to ooeratlQO of a vehicle without Insurance provided for a specific three month suspension', we concluded that ~ 1766 (d) does not aulhorlze a three month suspension of registration for failure to r:na1n1Wn financial responsibility. !d. at 4.5. Rather, the penalty aulhorlzed for such conduct was ~ suspension of the vehicle registration. !d. at 6. The Marpoe 1 The relevent statutory language provides: (d) 'The Department of Transportation shall suspend the registration ola vehicle ~ It determines that required financial responsibility was not secured as required by this chapter and shall suspend the operating privilege ot the owner or registrant lor a Deriod 01 three months If the Department determines that the owner has operated or perml<<ed the operation ot the vehicle wlfhout the required financial responsibility,' 3 94-4459 CIVIL TERM deolslon stated further that, under Ihe 199(3 version of fi 1766 (d), the registrant could secure a restoration of registration from an Indefinite suspension st any time upon furnishing proof of IInanclal responsibility and submitting an application to Ihe department with the required fee. 14. at 6. Thus, our decision In Marooe Indloates that the Department of Transportation Is authorized to suspend registration only unlll financial responsibility Is restored and Is not permitted to Impose a three month registration suspension following restoration of financial responsibility. J.d. at 6. This decision and Its underlying rationale was affirmed by Ihe Commonwealth Court. Marpoe 157 Pa. Cmwlth. 603, 630 A.2d 561 (1993). Had the Instant case come Into being while the 1993 version of ~ 1766 (d) was In effecl, we have no doubtlhat the outcome In this case would be Identical to the conclusion reached In ~" Determination of this case, however, Is not dependent upon analysis of the 1993 version of ~ 1766 (d), but upon consideration of the 1994 amendments to this section. The 1994 amendment provides In pertinent part: (d) auspenslon of registration m.d operating privilege,. The Department of Transportation shall suspend Ihe registration of a vehicle If It determines that the required financial responsibility was not secured as required by this chapter and shall suspend the operating privilege of the owner or registrant f2r If the department determines that the owner has operated or permitted the operation of the vehicle without the required financial responsibility. (emphasis added, effective February 4 94-4459 CIVIL TSRM 10, 1994) Examination of the 1994 provisions 6 1786 (d) demonstrates the Intent to the of the legislature 10 correct Ihe stalulory ambiguities highlighted In the MBrpoe line of oases. In establishing a three month registration suspension for the malntenanc9 ot a vehicle without financial responsibility, the legislature has roversed the determination In Marpoe Ihat the authorized penalty for such conduct Is an Indefinlle suspension which Is terminated upon the presentation of proof of Insurance. In Its new form, Ihe staluta unequivocally beslows upon the Department of Transportation the authority to Impose a three month registration suspension following restoration of financial responsibility. ~ Pa.C.S.A. ~ 1786 (d) effective February 10, 1994. As the amendmenllllo 6 17B6(d) became offbctlve In February 1 ~94, and as the cancellation of Mr. Nace's Insurance occurred In March 1994, we conclude that Ihe 1994 version of ~ 1766 Is applicable to the facls In the Instant case. As the 1994 amendments authorize a three month suspension for maintenance of a vehicle without required financial responsibility, the order of the Department of Transportation suspending Mr. Nace's vehicle registration for a period of three months Is affirmed. 5