Appeal from the Judgment of Sentence in the Court of Common Pleas of Cumberland County, Criminal Division, No. 783 Criminal 1986.
Michelle Kahan, York, for appellant.
Glenn Davis, Drexter Hill, for Com.
Wieand, Tamilia and Cercone, JJ.
[ 369 Pa. Super. Page 327]
This appeal is from judgment of sentence imposed following appellant's conviction at a bench trial of violations of section 1301 of the Vehicle Code (75 Pa.C.S.A. § 1301, et seq.). The sentences imposed were: cost of prosecution and a fine of $75 at # 333362 and cost of prosecution and a fine of $1,770 at # 333361.
Appellant, a resident of Maryland with a valid Maryland vehicle operator license, owns and operates a business known as Goetz Demolition Company in Pennsylvania, which involves the use of tractor trucks and trailers in excavation work throughout Pennsylvania and Maryland. The operators of appellant's excavation vehicles work on jobs in either state and store the vehicles at a garage and maintenance facility in Pennsylvania, or at various job sites in Pennsylvania or Maryland. In October of 1985, appellant was performing excavation work with his tractors and trailers on two jobs in the Harrisburg area hauling excavated materials to a location in the Hagerstown, Maryland area.
On October 22, 1986, a tractor and the trailer it pulled, owned by the defendant and driven by his employee, became disabled and the operator moved them to the side of the interstate highway and left the area. The Pennsylvania State Police tagged the vehicles as they were not completely off an exit ramp, and on October 25, 1985, after receiving complaints that they were obstructing the flow of traffic, the state police had the 18-wheel tractor trailer towed off the road to a storage facility in Cumberland County. Both
[ 369 Pa. Super. Page 328]
the tractor and trailer bore a current registration issued to the appellant by the state of Maryland. Neither unit was registered in Pennsylvania. For purposes of registration, the tractor and trailer are considered separate vehicles and each would be cited.
Following an investigation, the Pennsylvania State Police issued two citations against the defendant whose address, and that of the tractor trailer, was listed as Hagerstown, Maryland. The citations charged Mr. Goetz with being an owner and knowingly permitting the operation of the tractor and trailer in Pennsylvania without being properly registered in this Commonwealth in violation of the Vehicle Code at 75 Pa.C.S.A. § 1301.
Following appellant's appeal from a conviction on both citations before a district justice, a de novo trial was held in the trial court on October 24, 1986 where appellant was again found guilty on both citations. This appeal followed.
The Vehicle Code, 75 Pa.C.S. § 1301, sets forth the registration requirements for vehicles in this Commonwealth. That section, in ...