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GEORGE H. STAYTON v. COMMONWEALTH PENNSYLVANIA (09/13/82)

decided: September 13, 1982.

GEORGE H. STAYTON, JR., APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of George H. Stayton, Jr. v. Commonwealth of Pennsylvania, No. 80-14055.

COUNSEL

Robert J. Kerns, Landis, Williams & Kerns, for appellant.

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

President Judge Crumlish, Jr. and Judges Rogers and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 69 Pa. Commw. Page 46]

George Stayton appeals from a Montgomery County Common Pleas Court decision which affirmed a nine-month suspension of Stayton's Certificate of Appointment as an official inspection station. We affirm.

Stayton has asserted that Section 4724(a) of the Vehicle Code, as amended, 75 Pa. C.S. ยง 4724(a), should be applied retroactively, granting discretion, rather than mandating that the Pennsylvania Department of Transportation suspend his license for the misconduct of his employees. We have held that statutes are never to be applied retroactively unless expressly intended to be so by the legislature. See Department of Labor and Industry, Bureau of Employment Security v. Pennsylvania Engineering Corp., 54 Pa. Commonwealth Ct. 376, 421 A.2d 521 (1980).

We thus affirm on the basis of the able opinion of Judge Smillie, Pa. D. & C.3rd (1981).

Affirmed.

Order

The order of the Montgomery County Court of Common Pleas, No. 80-14055, dated October 14, 1980, is affirmed.

Disposit ...


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