Department of Transportation, Bureau of Driver Licensing v. Green

In Department of Transportation, Bureau of Driver Licensing v. Green, 119 Pa. Commw. 281, 546 A.2d 767 (Pa. Cmwlth. 1988), affirmed without opinion, 524 Pa. 98, 569 A.2d 350 (1990), a licensee was convicted of DUI in Wyoming County. Fourteen months later, DOT received notice of the conviction. DOT then notified licensee of the suspension of his operating privilege. The licensee appealed to the trial court. The trial court sustained the appeal, finding that the delay was a violation of the licensee's due process rights and had prejudiced licensee. DOT appealed to this Court. The Court found as follows: Under the Vehicle Code, DOT is the agency made responsible for imposition of the sanctions which the law uses to keep unsafe drivers off the highways for stated periods. The Court has held that a material breach by DOT of that responsibility will invalidate the legal effectiveness of the sanction. If DOT too often failed to meet the responsibility thus focused upon it, the locus of fault would be clear and executive and legislative remedies could be directed at DOT. But a very different situation would prevail if the effectiveness of the Vehicle Code sanctions became dependent upon scores of county clerks and hundreds of functionaries within the minor judiciary. The court's rule therefore protects the vehicle safety laws from vulnerability to delays within a system where detection and correction of official failure would be much more difficult. Green, 546 A.2d at 284.