Appeal from the Order of the Court of Common Pleas of Berks County in the case of Commonwealth of Pennsylvania v. Tinnie Roosevelt Jones, No. 16 October Term, 1976.
Oscar N. Gaskins, Gaskins & McCaskill, P.C., for appellant.
Harold Cramer, Assistant Counsel, with him, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.
Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig.
[ 67 Pa. Commw. Page 430]
Tinnie Roosevelt Jones, convicted on March 24, 1976 of driving while intoxicated, appeals here from a Berks County Court of Common Pleas decision which held that the notice of license revocation sent August 19, 1976 by the Bureau of Traffic Safety to Mr. Jones satisfied the requirement in Section 616(a)(1) of The Vehicle Code of 1959*fn1 that the bureau "shall forthwith revoke" the license of a person convicted of that offense. However, that requirement has never been construed to fix an arbitrary time limit for administrative action. Department of Transportation, Bureau of Traffic Safety v. Lea, 34 Pa. Commonwealth Ct. 310, 312, 384 A.2d 269, 270-71 (1978). Rather, "it has been held that absent a showing of prejudice, the mere
[ 67 Pa. Commw. Page 431]
passage of time between defendant's conviction and the suspension of his operating privileges is not sufficient justification to set aside the action of [the bureau]." Id.
Unlike Department of Transportation, Bureau of Traffic Safety v. Hosek, 3 Pa. Commonwealth Ct. 580, 284 A.2d 524 (1971), upon which Mr. Jones relies, the record is devoid of any evidence that he was prejudiced by an act or omission of the bureau. See Department of Transportation, Bureau of Traffic Safety v. Passerella, 42 Pa. Commonwealth Ct. 352, 401 A.2d 1 (1979). Thus, we are unable to say that the common pleas court, in finding no prejudice, acted unreasonably or abused its discretion. See Department of Transportation, Bureau of Traffic Safety v. Rutkowski, 46 Pa. Commonwealth Ct. 64, 406 A.2d 248 (1979).
Accordingly, the decision of the common pleas court is affirmed.
Now, July 15, 1982, the order of the Court of Common Pleas of Berks County, dated March 26, 1980, dismissing the appeal of Tinnie ...