HomeMy WebLinkAbout99-1302 civilCOMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
Of TRANSPORTATION
V.
ROGER D. HEDRICK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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IN RE: DISQUALIFICATION TO DRIVE COMMERCIAL VEHICLE
BEFORE BAYLEY, J.
OPINION AND ORDER OF COURT
Bayley, J., July 26, 1999:--
The Pennsylvania Department of Transportation notified petitioner, Roger D.
Hedrick that:
As a result of your conviction on 01/12/1999 of violating Section
3309 of the vehicle code, DRIV ON ROAD LANE FOR TRF ON
09/20/1998, your privilege to drive a commercial motor vehicle is being
disqualified for a period of 60 DAY'S as mandated by Section 1611G of
the vehicle code.
Petitioner filed an appeal from the disqualification in this court which was heard on June
7, 1999. The parties filed briefs and the matter is ready for decision.
Petitioner holds a Pennsylvania license to operate a commercial motor vehicle
as defined by the Vehicle Code of Pennsylvania at 75 Pa.C.S. Section 1603. On
September 20, 1998, petitioner was operating a commercial motor vehicle in the state
of New Jersey and was cited for violating the New Jersey Vehicle Code at 39:4-88 titled
"Traffic on marked lanes," that provides in pertinent part:
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When a roadway has been divided into clearly marked lanes for
traffic, drivers of vehicles shall obey the following regulations:
e. When such roadway has been divided in such a manner that there
are 3 or more lanes for traffic in any one direction, no truck of 10,000
pounds registered gross weight or over shall be driven in the farthest
left-hand lane, except when and to the extent necessary to prepare for a
left turn, or when necessary to enter or leave such roadway by entrance
or exit to or from the left lane or when reasonably necessary in response
to emergency conditions. (Emphasis added.)
The citation charging petitioner with a violation of this section of the New Jersey
Motor Vehicle Code specifically set forth that petitioner made "improper use of left
lane/over 10,000 lbs." Petitioner was convicted of that offense on January 12, 1999.
Petitioner had previously been convicted of violating the Pennsylvania Motor Vehicle
Code at 75 Pa.C.S. Section 3362 on July 16, 1998, for speeding nineteen miles over
the speed limit at seventy-four miles per hour in a fifty-five mile per hour zone.
The Vehicle Code of Pennsylvania at 75 Pa.C.S. Section 161 l(g) titled
"Disqualification," provides:
Disqualification for serious traffic offenses.--The department shall
disqualify any person from driving a commercial motor vehicle for a
period of 60 days if convicted of two serious traffic violations, or 120
days if convicted of three serious traffic violations, committed in a
commercial motor vehicle arising from separate and distinct incidents
occurring within a three-year period. (Emphasis added.)
Section 1603 of the Vehicle Code describes a "serious traffic violation" as:
(1) Excessive speeding as defined by the United States Secretary of
Transportation by regulation and published by the department as a
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notice in the Pennsylvania Bulletin.
(2) Reckless driving.
(3) Any offense under this title relating to' motor vehicle traffic control
arising in connection with an accident resulting in death to any person.
(4) Any violation of section 3326 (relating to duty of driver in construction
and maintenance areas) or 3365(c) (relating to special speed limitations).
(5) Any other offenses defined by the United States Secretary of
Transportation as serious traffic violations and published by the
department as a notice in the Pennsylvania Bulletin. (Emphasis
added .)
The United States Secretary of Transportation, as published by PennDOT in the
Pennsylvania Bulletin, has defined "excessive speeding" as exceeding the maximum
speed limit fifteen miles per hour or more. 49 CFR 383.5; 21 Pa. Bulletin 5878. Thus,
when petitioner was convicted of exceeding the speed limit by nineteen miles per hour
on July 16, 1998, that constituted a "serious traffic violation" under 75 Pa.C.S. Section
161 l(g). Similarly an "improper and erratic lane change" has been designated a
"serious traffic violation." 49 CFR 383.5; 21 Pa. Bulletin 5878. PennDOT "deemed"
petitioner's conviction of January 12, 1999, for violating Section 39:4-88b of the New
Jersey Vehicle Code as a second "serious traffic offense." It considered the New
Jersey conviction to be the equivalent of a violation of Section 3309 of the Vehicle Code
of Pennsylvania titled "Driving on roadways laned for traffic," that provides:
Whenever any roadway has been divided into two or more clearly marked
lanes for traffic the following rules in addition to all others not inconsistent
therewith shall apply:
(1) Driving within single lane.-- A vehicle shall be driven
as nearly as practicable entirely within a single lane and shall not
be moved from the lane until the driver has first ascertained that
the movement can be made with safety.
(2) Three lane roadways.--Upon a roadway which is
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divided into three lanes and provides for two-way movement of
traffic, a vehicle shall not be driven in the center lane except when
overtaking and passing another vehicle traveling in the same
direction when the center lane is clear of traffic within a safe
distance, or in preparation for making a left turn, or where the
center lane is allocated exclusively to traffic moving in the same
direction that the vehicle is proceeding and the allocation is
designated by official traffic-control devices.
(3) Lanes limited to specific use.mOfficial traffic-control
devices may be erected to restrict the use of specified lanes to
specified classes or types of traffic or vehicles, including
multioccupant vehicles or car pools, and drivers of vehicles shall
obey the directions of every such device.
(4) Prohibitions against changing lanes.--Official traffic-
control devices may be installed prohibiting the changing of lanes
on a section of roadway and drivers of vehicles shall obey the
directions of every such device. (Emphasis added.)
The specific offense for which petitioner was convicted in New Jersey was the
"improper use of," i.e. driving a heavy truck in the left hand lane of a road that was
divided into three lanes in the direction that petitioner was traveling. Subsection (1) of
Section 3309 is different because it involves the failure to maintain any vehicle as
nearly as practical within a single lane. Subsection (2) is different because it
involves driving any vehicle only under certain circumstances in the center lane of a
roadway which is divided into three lanes and provides for two-way movement of
traffic. Subsection (4) is different because it involves any vehicle making a change of
lanes where the roadway had been marked to prohibit such a change. Subsection (3)
which prohibits driving in a restricted lane is the equivalent of a violation of Section
39:4-88b of the New Jersey Vehicle Code as petitioner was convicted of the improper
use with a truck in the left-hand lane where prohibited. That conduct, however, did not
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involve making an "improper and erratic lane change" which is the definition of a
"serious traffic offense" as defined by the United States Secretary of Transportation and
published in the Pennsylvania Bulletin. It is only a second "serious traffic offense"
which warrants the disqualification of privileges to drive a commercial vehicle for 60
days under 75 Pa.C.S. 161 l(g).
AND NOW, this
Therefore, the following order is entered.
ORDER OF COURT
~'~ day of July, 1999, the Department of Transportation's
disqualification of petitioner to drive a commercial motor vehicle for a period of sixty (60)
days, !S REVERSED.
George H. Kabusk, Esquire
For the Department of Transportation
Gregory B. Abeln, Esquire
For Petitioner
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