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Liero v. Commonwealth3/9/2004
posed as the result of the determination of the appeal, whether it be the reimposition of the suspension originally ordered or the imposition of a different suspension required because the department must recalculate the record due to a court order.
75 Pa.C.S. § 1551 (emphasis added). "Both sections 1535(c) and 1551 provide for the date of conviction as being the operative event from which the six-month time period should run. Reading the sections together, the Department, if it is to assess points for the violation, must do so within six (6) months. If the assessment is to result in further action such as a suspension, then both the assessment and the notification of the suspension must be within that period." Department of Transportation, Bureau of Traffic Safety v. Lewis, 506 Pa. 96, 101, 484 A.2d 370, 373 (1984).
Accordingly, this case is also remanded to the trial court, for further remand to DOT, to allow DOT to take appropriate action based on Liero's and Scott's accumulated points without regard to their one year suspensions for DWI in New Jersey, which were not in effect at the time the violations that are the subject of this appeal occurred. Pursuant to Section 1535(c), these points must have been assigned within six months of the date of their convictions for those offenses or they "shall be null and void." However, we note that, pursuant to Section 1551, it does not matter that DOT sent the suspension notices that are the subject of this appeal to Liero and Scott more than six months after their convictions, as the suspensions for their New Jersey DWIs were on appeal.
Accordingly, the order of the trial court is affirmed and this case is remanded for the reasons set forth above.
JIM FLAHERTY, Senior Judge
ORDER
AND NOW, March 9, 2004, the order of the Court of Common Pleas of Northampton County dated May 21, 2003 is hereby AFFIRMED and this case is REMANDED to the trial court for further remand to the Department of Transportation for the reasons set forth in the foregoing opinion.
JIM FLAHERTY, Senior Judge
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