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COMMONWEALTH v. RICHARD ANDREW STUART (04/22/71)

decided: April 22, 1971.

COMMONWEALTH, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY
v.
RICHARD ANDREW STUART



Appeal from the order of the Court of Common Pleas of Chester County, Civil Division, Misc. Dkt. 17, page 421 of 1970 in case of Commonwealth of Pennsylvania v. Richard Andrew Stuart.

COUNSEL

Anthony J. Maiorana, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

No appearance for appellee.

Judges Crumlish, Jr., Manderino and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 2 Pa. Commw. Page 295]

This is an appeal from an order of the Common Pleas Court of Chester County reversing the revocation of and reinstating appellee's operator's license. The revocation of that license complied with the mandate of The Vehicle Code and should have been upheld. The order of the court below is reversed.

Section 604.1(a) of The Vehicle Code, Act of April 29, 1959, P.L. 58, 75 P.S. ยง 604.1, as amended, provides in part, as follows: "(a) No operator's license shall be issued to any person under eighteen (18) years of age, except the junior operators' licenses may be issued to minors who have arrived at the age of sixteen (16) years but who have not reached the age of eighteen years, . . . [E]ach applicant for such a license shall submit with his application an affidavit of a parent or person in loco parentis indicating the age of the applicant and indicating his consent to the issuance of such license."

Under the provisions of this section, Richard Andrew Stuart was issued a junior license on August 5, 1969, having become sixteen on July 23, 1969. Parental consent for the junior license was given by his mother with whom he lived.

On June 8, 1970, the mother withdrew her parental consent and requested that the junior license be revoked. Section 604.1(a) provides for such revocation as follows: "Upon receipt of a withdrawal of consent, duly acknowledged by the parent or person in loco parentis who executed the consent, on the basis of which a junior operator's license . . . was issued, the Secretary shall, provided the licensee has not reached the age of eighteen (18) years, revoke such junior operator's license."

While the requested revocation was being processed, the licensee, with the consent of his grandmother, with

[ 2 Pa. Commw. Page 296]

    whom he lived for a time, applied for and the Department issued a regular license under Section 604.1(b) on August 5, 1970. That section provides that seventeen (17) year olds who have completed an accredited driver training course may receive regular licenses upon the consent of "a parent or person in loco parentis."

On August 26, 1970, the Bureau of Traffic Safety revoked Stuart's license privileges based upon the withdrawal of his mother's consent. Upon petition and hearing, the Court of Common Pleas of Chester County ordered the restoration of ...


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