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COMMONWEALTH v. PENNINGTON (10/04/72)

decided: October 4, 1972.

COMMONWEALTH
v.
PENNINGTON



Appeal from the Order of the Court of Common Pleas of Huntingdon County in case of Commonwealth of Pennsylvania v. Blanch Pennington, No. 6 April Term 1971.

COUNSEL

Newton C. Taylor, with him Taylor & Kurtz, for appellant.

Anthony J. Maiorana, Assistant Attorney General, with him Stuart A. Liner, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellee.

Judges Kramer, Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 6 Pa. Commw. Page 356]

This is an appeal from an order of the Court of Common Pleas of Huntingdon County dismissing the appeal of Blanch Pennington from an order of the Secretary of Transportation suspending her privilege to operate a motor vehicle.

Appellant, who is now 87 years of age, was required by the Secretary, pursuant to Section 608(g) of The Vehicle Code, Act of April 29, 1959, P.L. 58, 75 P.S.

[ 6 Pa. Commw. Page 357]

§ 608(g), to submit to a special examination to determine her competency to operate a motor vehicle. She was examined by a State Police Officer and thereafter received notice that her operating privileges were to be suspended.

Section 618(a)(1) of The Vehicle Code, 75 P.S. § 618(a)(1), provides:

"The secretary may suspend the operating privilege of any person, with or without a hearing before the secretary or his representative . . . whenever the secretary finds upon sufficient evidence:

"(1) That such person is incompetent to operate a motor vehicle or tractor, or is afflicted with mental or physical infirmities or disabilities rendering it unsafe for such person to operate a motor vehicle or tractor upon the highways."

The appellant and the examining officer testified at the de novo hearing below. The court made, inter ...


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