decided: October 20, 1980.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
JAMES E. HAFER, JR., APPELLEE
Appeal from the Order of the Court of Common Pleas of Berks County in case of In Re: James E. Hafer, Jr., No. 33 January Term, 1978.
Harold H. Cramer, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for appellant.
No appearance for the appellee.
President Judge Crumlish and Judges MacPhail and Williams, Jr., sitting as a panel of three. Opinion by President Judge Crumlish.
[ 54 Pa. Commw. Page 311]
This is another in a long line of motor vehicle point system cases. The issues for review are (1) whether points vest at the time of violation and (2) does the successful completion of a special driver's examination prior to an ordered suspension have any effect upon the already vested points.
[ 54 Pa. Commw. Page 312]
On September 12, 1977, the appellee was convicted of a motor vehicle violation that occurred on September 3, 1977. As of that violation date, the appellee had under Section 1539(a) of the Vehicle Code,*fn1 accumulated the requisite number of points (11) to warrant the suspension of his driving privileges.*fn2
It is now the well settled interpretation of Section 1539(a) that points vest and are assessed at the time of the violation*fn3 rather than at the time of the conviction as was true under the "old" Vehicle Code.*fn4
The subsequent passing of a special examination on November 29, 1977,*fn5 after the September 3, 1977 violation but before the December 8, 1977 suspension date does not affect this suspension.*fn6
The order of the Court of Common Pleas, Civil Division of Berks County, dated January 24, 1978, is hereby reversed.