Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 1551. Notice of department action.
The department shall promptly mail a notice to each person whose license is suspended
as a result of the accumulation of points under section 1539 (relating to suspension
of operating privilege on accumulation of points). The notice shall be mailed to the
address of record within six months following the conviction of a violation of this
title that resulted in the addition of sufficient points to cause the suspension.
Failure of the department to mail notice of suspension as required by this section
shall prohibit the department from suspending the license of such person. This section
shall not apply to any suspension which would have been imposed as the result of points
which have been assigned to a person's record after the person has filed an appeal
under section 1550 (relating to judicial review) until the appeal has been finally
determined and for six months after the department is notified of the determination.
This section shall not apply to a suspension imposed as the result of the determination
of the appeal whether it be the reimposition of the suspension originally ordered
or the imposition of a different suspension required because the department must recalculate
the record due to a court order.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff.
July 1, 1999)
Notes of Decisions
Commonwealth v. Claypool, 618 A.2d 1231 (Pa. Commw. Ct. 1992).
“For example, if the department fails to issue a license suspension within six months of a conviction based on the accumulation of points assessed for Vehicle Code violations, the license suspension is barred, according to section 1551 of the Vehicle Code, 75 Pa.C.S. § 1551.”
Bureau of Traffic Saf. v. Sherwood, 414 A.2d 151 (Pa. Commw. Ct. 1980).
“4 Unlike Section 1535(a)’s assessment of points “as of the date of violation,” Vehicle Code Section 1551, 75 Pa. C.S. §1551, provides a different time guideline for license suspensions: *121 Notice of suspension of licenses or permits.”
Lemley v. Commonwealth, 509 A.2d 1380 (Pa. Commw. Ct. 1986).
“4 Compare the provisions of Section 1551 of the Code, 75 Pa. C. S. §1551, which allows the Department six months to notify a person whose license is to be suspended due to an accumulation of points and which prohibits the Department from imposing such a suspension for the…”
Fordham v. Commonwealth, 663 A.2d 868 (Pa. Commw. Ct. 1995).
“This conclusion is further supported by the fact that, under 75 Pa.C.S. § 1551, the Department must notify a licensee of a suspension under the points system within six months following the conviction of a violation of the Vehicle Code that resulted in the addition of the points…”
Commonwealth v. Reott, 424 A.2d 991 (Pa. Commw. Ct. 1981).
· cites it 2× “The court later entered an order effectively setting aside the revocation on the ground that the Department had failed to comply with the requirement of 75 Pa. C. S. §1551 that notice of the suspension of operating privileges be given within six months of the date of conviction.”
Horner v. Commonwealth, Dep't of Transp., 430 A.2d 387 (Pa. Commw. Ct. 1981).
“Appellant attempts to avoid the statutorily mandated suspension by relying on the provisions of Section 1551 of the Code, 75 Pa. C. S. §1551. Section 1551 deals with notice of suspension •due to accumulated points, 'and by its clear language requires that notice of such a…”
Shughart v. Commonwealth, 442 A.2d 1206 (Pa. Commw. Ct. 1982).
“See Section 1551 of the Vehicle Code, 75 Pa. C. S. §1551. We, therefore, conclude that Section 5553(e) would not act to bar the Bureau’s revocation order.”
Commonwealth v. Lewis, 466 A.2d 793 (Pa. Commw. Ct. 1983).
· cites it 2× “The appellee appealed this suspension to the court of common pleas which sustained the appeal *31 on June 18, 1981, holding that because the notice of suspension was not issued within six months of the date of conviction, the suspension failed to comply with the requirement of…”
Liero v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 844 A.2d 592 (Pa. Commw. Ct. 2004).
“This section shall not apply to a suspension imposed as the result of the determination of the appeal, whether it be the reimposition of the suspension originally ordered or the imposition of a different suspension required because the department must recalculate the record due…”
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