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COMMONWEALTH PENNSYLVANIA v. GEORGE W. MANUEL (09/06/88)

decided: September 6, 1988.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLANT
v.
GEORGE W. MANUEL, APPELLEE



Appeal from the Order of the Court of Common Pleas of Cumberland County, in the case of George W. Manuel v. Department of Transportation, Bureau of Driver Licensing, No. 3207 of 1987.

COUNSEL

Lawrence R. Wieder, Assistant Counsel, with him, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

Francis A. Zulli, Dils, Dixon & Zulli, for appellee.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 119 Pa. Commw. Page 265]

The Department of Transportation, Bureau of Driver Licensing (Department) revoked George W. Manuel's operator's license for two years pursuant to Section 1543(c)(2) of the Vehicle Code*fn1 for driving while his license was revoked. The Cumberland County Common Pleas Court sustained Manuel's appeal in part by

[ 119 Pa. Commw. Page 266]

    limiting the new revocation period to six months. Section 1532(b)(2).*fn2 DOT appeals; we affirm.

Manuel's license was suspended for six months on March 28, 1984. Because he failed to reapply for a learner's permit after that period expired, Section 1541(c),*fn3 Manuel's driving privileges were not restored until August 5, 1987. Two months prior to that action, however, he was cited for driving with a revoked license.

At issue is whether Manuel's license should be revoked for an additional two-year period (Section 1543(c)(2)) or suspended for an additional six months (Section 1532(b)(2)).

Section 1543(a) provides:

(a) Offense defined. -- Except as provided in subsection (b), any person who drives a motor vehicle on any highway or trafficway of this Commonwealth after the commencement of a suspension, revocation or cancellation of the operating privilege and before the operating privilege has been restored is guilty of a ...


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