Department of Transportation, Bureau of Traffic Safety v. Verna

In Department of Transportation, Bureau of Traffic Safety v. Verna, 23 Pa. Commw. 260, 351 A.2d 694 (Pa. Cmwlth. 1976), the Court recognized that a trial court's role in an inspection certificate appeal is limited solely to a de novo determination of whether the person charged with the violation has indeed committed the violation for which the sanction was imposed. The court may not, as a parallel to exercising its discretion as factfinder, do more than: (1) affirm the Director's penalty because the law as applied to the facts heard de novo leads to a conclusion of a violation of the law or; (2) reverse the Director's penalty because the law as applied to the facts heard de novo does not lead to a conclusion of a violation of law. The court may not, because of the possible unfairness or inequity of the result, reverse the Director or modify the penalty imposed. Id. at 695.