Pennsylvania § 1550 - Judicial review.

§ 1550. Judicial review.

(a) General rule.--Any person who has been denied a driver's license, whose driver's license has been canceled, whose commercial driver's license designation has been removed or whose operating privilege has been recalled, suspended, revoked or disqualified by the department shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). The appellant shall serve a copy of the petition for appeal, together with a copy of the notice of the action from which the appeal has been taken, upon the department's legal office.

(b) Supersedeas.--

(1) (i) Except as provided in subparagraphs (ii) and (iii), filing and service of a petition for appeal from a suspension or revocation shall operate as a supersedeas until final determination of the matter by the court vested with the jurisdiction of such appeals.

(ii) The filing and service of a petition for appeal from denial, recall, suspension or cancellation of a driver's license or from removal of the commercial driver's license designation under section 1503 (relating to persons ineligible for licensing; license issuance to minors; junior driver's license), 1504 (relating to classes of licenses), 1509 (relating to qualifications for school bus driver endorsement), 1514 (relating to expiration and renewal of drivers' licenses), 1519 (relating to determination of incompetency), 1572 (relating to cancellation of driver's license) or 1609.3 (relating to noncompliance with certification requirements) shall not act as a supersedeas unless ordered by the court after a hearing attended by the petitioner.

(iii) Further review by another court shall not operate as a supersedeas unless a court of competent jurisdiction determines otherwise.

(2) In the case of a disqualification of the commercial operating privilege, the driver may petition to the court of common pleas of his county of residence, which court may grant a supersedeas ex parte upon a showing of reasonable likelihood of successful prosecution of the appeal.

(c) Proceedings of court.--The court shall set the matter for hearing upon 60 days' written notice to the department and determine whether:

(1) the petitioner's driver's license should be denied or canceled;

(2) the petitioner's operating privilege should be suspended, revoked or recalled; or

(3) the petitioner's endorsement or commercial driver's license designation should be removed.

(d) Documentation.--

(1) In any proceeding under this section, documents received by the department from the courts or administrative bodies of other states or the Federal Government shall be admissible into evidence to support the department's case. In addition, the department may treat the received documents as documents of the department and use any of the methods of storage permitted under the provisions of 42 Pa.C.S. § 6109 (relating to photographic copies of business and public records) and may reproduce such documents in accordance with the provisions of 42 Pa.C.S. § 6103 (relating to proof of official records). In addition, if the department receives information from courts or administrative bodies of other states or the Federal Government by means of electronic transmission, it may certify that it has received the information by means of electronic transmission and that certification shall be prima facie proof of the adjudication and facts contained in such an electronic transmission.

(2) In any proceeding under this section, documents received by the department from any other court or from an insurance company shall be admissible into evidence to support the department's case. In addition, if the department receives information from a court by means of electronic transmission or from an insurance company which is complying with its obligation under Subchapter H of Chapter 17 (relating to proof of financial responsibility) by means of electronic transmission, it may certify that it has received the information by means of electronic transmission, and that certification shall be prima facie proof of the adjudication and facts contained in such an electronic transmission.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; June 28, 1993, P.L.137, No.33, eff. July 1, 1993; July 2, 1993, P.L.408, No.58, eff. 60 days; Feb. 10, 1994, P.L.20, No.3, eff. 60 days; Oct. 7, 1996, P.L.688, No.118, eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 180 days; Jan. 27, 2012, P.L.1, No.1, eff. imd.; Nov. 25, 2013, P.L.974, No.89, eff. imd.)

2013 Amendment. Act 89 reenacted subsec. (d)(2). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.

2012 Amendment. Act 1 amended subsecs. (a), (b)(1)(ii) and (c).

1996 Amendment. Act 118 amended subsecs. (a), (b) and (c).

1994 Amendment. Act 3 added subsec. (d). The amendment by Act 3 is identical to the amendments by Acts 33 and 58 of 1993 and therefore the text has been merged. See section 8 of Act 3 in the appendix to this title for special provisions relating to savings provision.

1993 Amendment. See section 12 of Act 58 in the appendix to this title for special provisions relating to savings provision.

Cross References. Section 1550 is referred to in sections 102, 1519, 1551, 1553, 1554, 1556, 1786, 3753, 3805.1 of this title; section 4355 of Title 23 (Domestic Relations); section 933 of Title 42 (Judiciary and Judicial Procedure).