Appeal from the Order of the Court of Common Pleas of Westmoreland County in the case of Commonwealth of Pennsylvania v. Clyde F. Jones, Jr., No. 1252 of 1982.
Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.
No appearance for appellee.
Judges Colins and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.
[ 92 Pa. Commw. Page 590]
The Department of Transportation appeals a decision of the common pleas court, which sustained the appeal of Clyde F. Jones from a one year license suspension. We reverse.
Jones had accumulated eleven points. These points included two points resulting from a violation of Section 1002(b)(6) (speeding) of the Vehicle Code,*fn1 the violation occurring on November 27, 1976. The common pleas court held that it was illegal and improper to utilize this two point assessment because the transition provisions implementing the present Vehicle Code provide that "[a]ll points assigned . . . under former
[ 92 Pa. Commw. Page 591]
section 619.1 of 'The Vehicle Code' shall be deleted from the records and thereafter may not be used as a basis for suspension of operating privileges and no points shall be added to the records of any licensee on account of any violations committed prior to the effective date of the point system. . . ."*fn2
Here, the assessment was for a violation occurring after the enactment of the point system. This was proper. Department of Transportation, Bureau of Traffic Safety v. Klinchock, 49 Pa. Commonwealth Ct. 361, 411 A.2d 857 (1980). Accordingly, we reverse.
The order of the Common Pleas Court of Westmoreland County, dated July ...