2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 13 - Registration of Vehicles
1377 - Judicial review.

     § 1377.  Judicial review.
        (a)  General rule.--Any person who has been sanctioned by the
     department under this chapter or whose registration or authority
     to issue registration cards or plates has been denied, suspended
     or otherwise sanctioned 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 filing of the appeal shall act as a supersedeas,
     except for a warning or a revocation, and the suspension or
     monetary penalty shall not be imposed until determination of the
     matter as provided in this section. Upon application of the
     registrant and prior notice to the department, the court may
     grant a supersedeas from a revocation of registration or
     authority to issue registration. The court shall schedule the
     appeal for hearing upon 30 days' written notice to the
     department, and thereupon take testimony and examine into the
     facts of the case and determine whether the petitioner is
     entitled to registration, subject to suspension of registration
     or other sanction under the provisions of this title or
     departmental regulations.
        (b)  Documentation.--
            (1)  In any proceeding under this section, documents
        received by the department from a 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.
            (2)  In a proceeding relating to the suspension of the
        registration of a motor vehicle imposed under section 1786
        (relating to required financial responsibility), the
        department's certification of its receipt of documents or
        electronic transmission from an insurance company informing
        the department that the person's coverage has lapsed, been
        canceled or terminated shall also constitute prima facie
        proof that the lapse, cancellation or termination of the
        policy of insurance described in the electronic transmission
        was effective under the laws of this Commonwealth.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 28, 1993,
     P.L.137, No.33; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

        2002 Amendment.  Act 152 amended subsec. (b).
        Cross References.  Section 1377 is referred to in sections
     102, 1374, 1376, 1786, 3753 of this title; section 933 of Title
     42 (Judiciary and Judicial Procedure).