HomeMy WebLinkAbout02-2279 CIVILSTEVEN R. PARKS, II
Appellant
VS.
COMMONWEALTH OF PA,
DEPARTMENT OF TRANS-
PORTATION, BUREAU OF
DRIVER LICENSING,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-2279 CIVIL
CIVIL ACTION - LAW
IN RE: OPINION PURSUANT TO RULE 1925
In this case, the petitioner, Steven R. Parks, II, received a notice dated April 9, 2002,
wherein the Pennsylvania Department of Transportation notified him that as a result of his May
27, 2001, conviction for driving under the influence, his driving privilege would be suspended
for a period of one year. In addition, the notice indicated that, before his driving privileges
would be restored, he would have to comply with a requirement that all vehicles owned by him
be equipped with an ignition interlock system.
On August 6, 2002, this court entered an order sustaining the petitioner's appeal with
respect to that portion of his driver's license suspension which reads as follows:
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.
Our order was entered in accordance with Albert Schneider v. Com. of Pa., Dept. of
Transp., Bureau of Driver Licensing, 1513 C.D. 2001 (Pa. Cmwlth. 2002). In that case, the
Commonwealth Court was presented with the same situation that pertains in the matter sub
judice; namely, though the sentencing court failed to impose an ignition interlock requirement,
PennDOT has sought to impose the requirement absent a court order. In Schneider, the court
held expressly that PennDOT has no unilateral authority to impose ignition interlock device
requirements if the trial court fails to do so. It was because of this express holding that we
entered our order of August 6, 2002.
August 19, 2002
KevinA. Hess, J.
Paul Bradford Orr, Esquire
For Appellant
Terrance M. Edwards, Esquire
For PennDOT
:rlm