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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Angela L. Jones v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, Appellant : : : : : : :

No. 566 C.D. 2001 Submitted: December 14, 2001

BEFORE: HONORABLE JOSEPH T. DOYLE, Senior Judge1 HONORABLE BERNARD L. McGINLEY, Judge HONORABLE JOSEPH F. McCLOSKEY, Senior Judge

OPINION BY SENIOR JUDGE McCLOSKEY

FILED: February 12, 2002

The Department of Transportation, Bureau of Motor Vehicles (DOT) appeals from a determination of the Court of Common Pleas of Allegheny County (trial court), sustaining the statutory appeal of Angela L. Jones (Registrant), from the three-month suspension of her vehicle registration. We reverse. In December of 2000, DOT received an electronic transmission from the New Hampshire Indemnity Company (Insurance Company), notifying DOT that the insurance coverage for Registrant's Plymouth sedan was terminated on August 27, 2000, for Registrant's failure to pay the policy premium. (R.R. at 15a). By letter dated December 12, 2000, DOT notified Registrant that: You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility
This case was assigned to the opinion writer prior to the date when President Judge Doyle assumed the status of senior judge on January 1, 2002.
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(insurance) covering the operation of the following vehicle: MAKE: PLYMOUTH, BODY TYPE: SEDAN, VIN NO: 1P3EJ46X6XN521302, TITLE: 52462874, TAG NO: BNW9539. This information was requested as a result of this Bureau being notified by NEW HAMPSHIRE INDEMNITY COMPANY that the insurance policy covering the vehicle was terminated on 08/27/00. Either no response was received or the information you provided indicated a lapse of coverage which was not permitted under Section 1786 of the Vehicle Code.[2] As a result, the vehicle registration privilege will be suspended for three months effective 01/17/01 at 12:01 A.M. as authorized by Section 1786(D) of the Vehicle Code. This is a final order of suspension. (R.R. at 5a). Registrant filed a statutory appeal of her suspension with the trial court. On February 15, 2001, the trial court held a hearing de novo, at which DOT introduced into evidence a packet of documents, duly certified and under seal, that included the notice of suspension from DOT and the electronic transmission from the Insurance Company. (R.R. at 7a-8a). Thereafter, DOT rested. In opposition, Registrant testified as follows:

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Section 1786(d) of the Vehicle Code, 75 Pa. C.S.

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