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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Richard A. Rutkowski v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant BEFORE: : : : : : : : :

No. 538 C.D. 2009 Submitted: August 21, 2009

HONORABLE DAN PELLEGRINI, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JIM FLAHERTY, Senior Judge

OPINION BY JUDGE LEAVITT

FILED: December 24, 2009

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (Department), appeals an order of the Court of Common Pleas of Westmoreland County (trial court), which allowed Richard A. Rutkowski (Licensee) to appeal his driver license suspension on a nunc pro tunc basis. The Department contends that the trial court abused its discretion in allowing his appeal because Licensee failed to prove that fraud or a breakdown in the administrative or judicial process had occurred. On the merits, the Department argues that its

documentary evidence of Licensee's driving history proved a violation of the financial responsibility requirements of the Vehicle Code. The relevant facts are not in dispute. Licensee has a long history of driving citations dating back to 1977, including, inter alia, five incidents of speeding and four counts of driving without a valid license. On July 14, 2008, Licensee was cited for various traffic offenses: driving an unregistered vehicle;

operating a vehicle without an inspection certificate; operating a vehicle without the required financial responsibility; and failure to carry a registration card. Licensee was convicted of these offenses on August 14, 2008. It is his conviction for failure to prove financial responsibility under Section 1786(f) of the Vehicle Code1 that is at issue in this case. On August 22, 2008, the Department sent Licensee a Notice of Suspension advising him as follows: Your driving privilege is scheduled to be suspended on 09/26/2008, because you failed to produce proof of financial responsibility on 07/14/2008, the date of your traffic offense. 1. Your driving privilege will be suspended for three months effective 09/26/2008 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code.[2]
Section 1786(f) states that "[a]ny owner of a motor vehicle for which the existence of financial responsibility is a requirement for its legal operation shall not operate the motor vehicle or permit it to be operated upon a highway of this Commonwealth without the financial responsibility required by this chapter." 75 Pa. C.S.

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