PRINTER'S NO. 2030
No. 1716 Session of 1981
INTRODUCED BY A. K. HUTCHINSON, JUNE 29, 1981
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 29, 1981
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for supersedeas.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 1550 of Title 75, act of November 25,
6 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
7 Statutes, is amended to read:
8 § 1550. Judicial review.
9 (a) General rule.--Any person denied a driver's license or
10 whose operating privilege has been recalled, canceled, suspended
11 or revoked by the department shall have the right to appeal to
12 the court vested with jurisdiction of such appeals by or
13 pursuant to Title 42 (relating to judiciary and judicial
14 procedure).
15 (b) Supersedeas.--The filing of the petition shall operate
16 as a supersedeas and no recall, suspension, cancellation or
17 revocation shall be imposed against such person until final
1 determination of the matter. The filing of an appeal from any
2 conviction by a district justice shall operate as a supersedeas,
3 and any action by the department shall not commence until such
4 time as the appeal is finalized.
5 (c) Proceedings of court.--The court shall set the matter
6 for hearing upon 30 days written notice to the department and
7 determine whether the petitioner is in fact the person whose
8 operating privilege is subject to the recall, suspension,
9 cancellation or revocation.
10 Section 2. This act shall take effect in 60 days.
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