2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
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 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 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) or 1572 (relating to
            cancellation of driver's license) 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 the petitioner's driver's license should be
     denied or canceled, the petitioner's operating privilege should
     be suspended, revoked or recalled or the petitioner's
     endorsement 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)

        1999 Amendment.  Act 23 amended subsec. (b)(1)(ii).
        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.
        Cross References.  Section 1550 is referred to in sections
     102, 1519, 1551, 1553, 1554, 1786, 3753 of this title; section
     4355 of Title 23 (Domestic Relations); section 933 of Title 42
     (Judiciary and Judicial Procedure).