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FORNWALT MOTOR VEHICLE OPERATOR LICENSE CASE. (06/11/64)

June 11, 1964

FORNWALT MOTOR VEHICLE OPERATOR LICENSE CASE.


Appeal, No. 79, April T., 1964, from order of Court of Common Pleas of Cambria County, June T., 1963, No. 1064, in re suspension of motor vehicle operator's license of Cyrus G. Fornwalt. Order reversed.

COUNSEL

Elmer T. Bolla, Deputy Attorney General, with him Walter D. Alessandroni. Attorney General, for Commonwealth, appellant.

Harod Kaminsky, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P.j., absent).

Author: Woodside

[ 203 Pa. Super. Page 412]

OPINION BY WOODSIDE, J.

Radar was used in the apprehension of Cyrus G. Fornwalt for speeding in Pennsylvania. He paid the fine and took no appeal from his conviction. As a result of the speeding conviction the Secretary of Revenue,

[ 203 Pa. Super. Page 413]

    after hearing, suspended his operating privilege.*fn1 Fournwalt then appealed to the Court of Common Pleas of Cambria County which reversed the secretary and restored his operator's license. The Commonwealth appealed to this Court.

Judge SHETTIG held in this and four other cases now before us that the radar warning signs erected on the highway did not comply with the provisions of the law, and therefore evidence of speeding obtained through radar was not admissible either to obtain the convictions or to establish the offense of speeding in the license suspension hearings.

The use of radar to apprehend speeders in Pennsylvania was first authorized by the Act of April 28, 1961, P.L. 108, amending The Vehicle Code of April 29, 1959, P.L. 58, by adding thereto § 1002(d.1), 75 P.S. § 1002(d.1).

The provisions of that section relevant here are as follows:

"(d.1) (1). The rate of speed of any vehicle may be timed on any State highway, including the Pennsylvania Turnpike System By officers of the Pennsylvania State Police through the use of radio-microwaves, ...


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