HomeMy WebLinkAbout02-4425 CIVIL EDWARD PENNYPACKER,
APPELLANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF
P E N N SYLVAN IA, D E PARTM E NT
OF TRANSPORTATION, BUREAU
OF DRIVER LICENSING,
APPELLEE
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IN RE: APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION
OPINION AND ORDER OF COURT
Bayley, J., December 18, 2002:--
Appellant, Edward Pennypacker, filed this appeal from the suspension of a
vehicle registration for three months pursuant to the Vehicle Code at 75 Pa.C.S.
Section 1786(d), which provides:
Suspension of registration and operating privilege.--The Department
of Transportation shall suspend the registration of a vehicle for a
period of three months if it determines the required financial
responsibility was not secured as required by this chapter...
Whenever the department revokes or suspends the registration of any
vehicle under this chapter, the department shall not restore the
registration until the vehicle owner furnishes proof of financial
responsibility in a manner determined by the department... 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 31 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.)
Appellant had a commercial vehicle policy issued by Erie Insurance Group. He
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sent a $157 check to Erie dated May 18, 2002, for a premium due on the policy. The
check did not clear the bank, and was returned by Erie to appellant with a notice dated
June 20, 2002, which stated:
We are writing in regard to your payment for $157.00 that we received
on May 25, 2002 and applied to your policy referenced above. Upon
presentation to your financial institution, your payment was not honored
and was returned to us unpaid. Accordingly, this amount along with a
returned check fee of $3.50 has been charged back to your policy and
currently our records indicate a balance of $475.00.
Our previous notice acknowledging your payment of $157.00 and
rescinding the cancellation stated, "This notice shall be effective
only if your payment is honored when presented to your financial
institution." Unfortunately, your payment was not honored and our
previously named cancellation date of May 24, 2002 stands. Your
policy remains cancelled as of 12:01 a.m., Standard Time, May 24,
2002. (Emphasis added.)
Appellant obtained new insurance coverage on his commercial vehicle on June
2?, 2002, with the Northern Insurance Company. He maintains that the lapse of
insurance occurred for only the seven days between Erie's cancellation notice dated
June 20, 2002, and June 27, 2002 when he obtained the new policy with Northern. He
testified that he did not operate his vehicle during the period that his insurance was
cancelled.1 He maintains that he received no notice from Erie of the cancellation of his
insurance before June 27, 2002. Appellant's position belies Erie's notice of June 20,
2002, which states that appellant's $157 check, which it received on May 25, 2002, was
only effective to rescind a prior cancellation notice effective May 24, 2002, if the check
1 PennDOT does not contest this averment.
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was honored. Appellant cannot avoid the suspension of a vehicle registration based on
sending a premium check that was not honored. When the check bounced the
cancellation was effective May 24, 2002. The lapse of insurance occurred from May
24, 2002, until June 27, 2002, a period in excess of 31 days. Pursuant to Section
1786(d)(1 ) of the Vehicle Code, PennDOT was mandated to suspend appellant's
vehicle registration when financial responsibility was not secured as required. Pray v.
Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor
Vehicles, 708 A.2d 1315 (Pa. Commw. 1998).
ORDER OF COURT
AND NOW, this day of December, 2002, the appeal of Edward
Pennypacker from the suspension of his registration privilege for three months, IS
DISMISSED.
By the Court,
Edward Pennypacker, Pro se
5 Dulles Drive West
Camp Hill, PA 17011-1111
Terrance M. Edwards, Esquire
For the Department of Transportation
Edgar B. Bayley, J.
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