Appeal from order of Court of Common Pleas of Montgomery County, No. 67-10137, in case of Commonwealth of Pennsylvania v. Lucinda Virnelson.
Elmer T. Bolla, Deputy Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellant.
Andrew B. Cantor, with him A. Richard Gerber, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Jacobs, J.
[ 212 Pa. Super. Page 361]
In this and four similar cases argued at the same time, the Commonwealth appeals from an order of the common pleas court reversing the action of the Secretary of Revenue in suspending the operator's license of the appellee under the provisions of section 619.1 of The Vehicle Code of April 29, 1959, P. L. 58, as amended, 75 P.S. § 619.1. In each case the Commonwealth argues that the licensee has no right to appeal to the common pleas court from a suspension under section 619.1.
Section 619.1 is the point system for driver education, testing and suspension. Section 619.1 was added to The Vehicle Code on January 24, 1966, and applies to offenses which occur after July 24, 1966. Digangi Motor Vehicle Operator License Case, 209 Pa. Superior Ct. 444, 229 A.2d 9 (1967).
The pertinent parts of section 619.1 are as follows:
"(a) In addition to the powers and duties of revocation and suspension conferred upon the secretary under sections 616, 617, 618 and 619 of this act, he shall administer a system for driver education, testing and suspension as hereinafter provided.
"(b) The secretary shall maintain a record of convictions of every person licensed under the provisions of section 601 of this act, and shall enter therein records of all convictions of such persons for any violation
[ 212 Pa. Super. Page 362]
of the motor vehicle laws of this Commonwealth and shall assign to the record of such person as of the date of conviction of the offense, a number of points for each such conviction in accordance with the following schedule of convictions and points. The point system shall apply to the following violations:
"Section of Code Number of points