Appeals from the Order of the Court of Common Pleas of Jefferson County in case of Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Keith D. Snyder, t/d/b/a Punxsutawney Bus Co., No. 10-1977 M.D.
Harold H. Cramer, Assistant Attorney General, with him John L. Heaton, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.
Nicholas F. Lorenzo, Jr., for appellee.
Judges Mencer, Rogers, and DiSalle, sitting as a panel of three. Opinion by Judge Mencer.
[ 37 Pa. Commw. Page 360]
This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Jefferson County setting aside the order of the Director of the Bureau of Traffic Safety (Bureau) which suspended
[ 37 Pa. Commw. Page 361]
the inspection station privileges of Keith D. Snyder, trading as Punxsutawney Bus Company. We reverse.
On November 24, 1976, the Bureau notified Snyder that he was charged with a "violation of Section 819(f) for faulty inspection" and that he had a right to a departmental hearing. No hearing was requested. On December 27, 1976, the Bureau suspended Snyder's inspection privileges for six months for a "violation of Section 819(f) of the Vehicle Code for faulty inspection" by Snyder and his mechanic. Criminal charges based on the same violation were filed concurrently.
Section 819(f) of The Vehicle Code (Code)*fn1 provided:
(f) It shall be unlawful for any person to furnish, give or sell to any owner or operator of a motor vehicle, trailer or semi-trailer, or to any other person, or to place in or on any such vehicle a certificate of inspection and approval, unless an official inspection of its mechanism and equipment shall have been made, and the vehicle conforms with the provisions of this act. It shall be unlawful for any such designated official inspection station to furnish, loan, give or sell a certificate or certificates of inspection and approval to any other such designated official inspection station or any other persons, except those entitled to receive them under the provisions of this act. It shall be unlawful for any person to have in his possession any certificate of inspection and approval with knowledge that such certificate has been illegally purchased, stolen or counterfeited. (Emphasis added.)
[ 37 Pa. Commw. Page 362]
At the hearing de novo before the lower court, the following undisputed ...