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ERNEST SUNDAY CHRYSLER PLYMOUTH v. COMMONWEALTH PENNSYLVANIA (05/17/89)

decided: May 17, 1989.

ERNEST SUNDAY CHRYSLER PLYMOUTH, INC., APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE



Appeal from Common Pleas Court, Cumberland County, Honorable Edgar B. Bayley, Judge.

COUNSEL

Robin Minshull Hittie, Leroy Smigel, Smigel, Anderson & Sacks, Harrisburg, for appellant.

Lawrence J. Wieder, Asst. Counsel, Harold H. Cramer, Asst. Chief Counsel and John L. Heaton, Chief Counsel, Harrisburg, Dept. of Transp., for appellee.

Barry and Smith, JJ., and Narick, Senior Judge.

Author: Barry

[ 126 Pa. Commw. Page 126]

OPINION

Ernest Sunday Chrysler Plymouth, Inc. (Sunday) appeals an order of the Court of Common Pleas of Cumberland County which affirmed an order of the Department of Transportation (DOT) suspending its dealer registration plates and its authorization to issue temporary registration plates for thirty days. We affirm.

On February 3, 1986, DOT issued a warning letter to Sunday pursuant to its finding that Sunday had violated Section 1103(d) of the Vehicle Code (Code), 75 Pa.C.S. § 1103(d). Again, on January 29, 1988, Sunday was charged with violation of Section 1103(d) of the Code. A

[ 126 Pa. Commw. Page 127]

    hearing was held on February 19, 1988 at which Sunday appeared without counsel. Following the hearing, on March 28, 1988, DOT suspended Sunday's dealer registration plates for thirty days pursuant to 67 Pa.Code § 53.9(a)(12) for violations of Section 1103(d) of the Code. Further, it suspended Sunday's authorization to issue temporary registration plates for thirty days pursuant to 67 Pa.Code § 43.11(a), Category I(4) for violations of Section 1103(d) of the Code.

Sunday appealed DOT's order to the trial court which, following a de novo hearing, affirmed. Sunday now appeals to this Court.

Sunday raises several issues for our review. Our scope of review is limited to determining whether the trial court's findings are supported by substantial evidence or whether an error of law has been committed. Ridge AMC/Jeep/Renault v. Commonwealth, 103 Pa. Commonwealth Ct. 174, 520 A.2d 515, petition for allowance of appeal denied, 515 Pa. 602, 528 A.2d 958 (1987).

Section 1374 of the Code provides in pertinent part:

(a) General rule. -- The department may suspend registration plates for dealers . . . after providing opportunity for a hearing in any of the following cases when the department finds upon sufficient evidence that:

(5) The registrant has failed to deliver to a transferee lawfully entitled thereto or to the department, when and as required by this title, a properly assigned certificate of title.

75 Pa. C.S. § 1374(a)(5).

Further, Section 1103(d) of the Code provides:

(d) Vehicles purchased from dealers. -- If the application refers to a vehicle purchased from a dealer, the dealer shall mail or deliver the application to the department within ten days of the date of purchase. . . . . ...


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