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Bartley v. Commonwealth2/12/2004
The Act also precludes the offender in possession of such a restricted license from operating any motor vehicle on a highway in the Commonwealth unless that vehicle is equipped with an approved ignition interlock system. Id. § 7003(3). The Act thus still prevents recidivist DUI offenders from lawfully operating motor vehicles on the highways in Pennsylvania unless they have an approved limited license and are driving a properly-equipped vehicle.
Id. at ___, 834 A.2d at 502-03. In its decision in Mockaitis, the Supreme Court rejected the rationale in Watterson for permitting an otherwise untimely appeal. Consequently, in Freedman v. Department of Transportation, Bureau of Driver Licensing, ___ A.2d ___ (Pa. Cmwlth., No. 1141 C.D. 2003, filed February 10, 2004), we very recently ruled that common pleas erred in reaching the merits of a late appeal based on the Watterson rationale.
In Freedman, we explained that the proper procedure to challenge the Department's imposition of the ignition interlock device requirement is to file a timely appeal from the notice of suspension. Id. at ___. See also Schneider, 790 A.2d at 366 n.7; Turner v. Dep't of Transp., Bureau of Driver Licensing, 805 A.2d 671, 674 (Pa. Cmwlth. 2002) (stating that imposition of ignition interlock system is reviewable in a Section 1550(a) appeal). A licensee must file his appeal within 30 days from the date the Department mails such notice. 75 Pa. C.S. § 1550; 42 Pa. C.S. § 5571(b), 5572; Dep't of Transp., Bureau of Driver Licensing v. Stollsteimer, 626 A.2d 1255, 1256 n.3 (Pa. Cmwlth. 1993). An untimely appeal deprives common pleas of subject matter jurisdiction, an issue that may be raised at any time. Freedman, ___ A.2d at ___ (slip op. at 6). Consequently, since Bartley did not assert any grounds justifying a nunc pro tunc appeal, common pleas lacked jurisdiction over the matter.
Accordingly, we vacate common pleas' order and remand with instructions to quash Bartley's statutory appeal.
BONNIE BRIGANCE LEADBETTER, Judge
Judge Smith-Ribner dissents.
ORDER
AND NOW, this 12th day of February, 2004, the order of the Court of Common Pleas of Luzerne County in the above captioned matter is hereby VACATED and REMANDED with instructions to quash Bartley's statutory appeal as untimely.
Jurisdiction relinquished.
BONNIE BRIGANCE LEADBETTER, Judge
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