75 Pa.C.S. § 1550 Judicial Review

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 23-35
• Year: 2023
• Citation: 75 Pa.C.S. § 1550

(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.

(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 or from removal of the commercial driver 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) [or], 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

(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:

(1) the petitioner's driver's license should be denied or canceled[,];

(2) the petitioner's operating privilege should be suspended, revoked or recalled; or

(3) the petitioner's endorsement or commercial driver license designation should be removed.