§ 1550. Judicial review
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: November 25, 2013
Effective: November 25, 2013
75 Pa.C.S.A. § 1550
§ 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.
(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.
(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 171 (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.
Credits
1976, June 17, P.L. 162, No. 81, § 1, eff. July 1, 1977. Amended 1978, April 28, P.L. 202, No. 53, § 13(7), effective June 27, 1978; 1990, May 30, P.L. 173, No. 42, § 5, effective Nov. 1, 1990; 1993, June 28, P.L. 137, No. 33, § 3, effective July 1, 1993; 1993, July 2, P.L. 408, No. 58, § 4, effective in 60 days; 1994, Feb. 10, P.L. 20, No. 3, § 5, effective in 60 days; 1996, Oct. 7, P.L. 688, No. 118, § 1, effective in 60 days; 1999, June 25, P.L. 164, No. 23, § 6, effective in 180 days; 2012, Jan. 27, P.L. 1, No. 1, § 2, imd. effective; 2013, Nov. 25, P.L. 974, No. 89, § 23, imd. effective.
Footnotes
75 Pa.C.S.A. § 1781 et seq.
75 Pa.C.S.A. § 1550, PA ST 75 Pa.C.S.A. § 1550
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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