WHITLATCH v. COMMONWEALTH DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING (1998)

OPINION OF THE COURT

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals from an Order of the Commonwealth Court that reversed an Order of the Court of Common Pleas of Greene County (trial court) dismissing Wilborn Jack Whitlatch's (Whitlatch) statutory appeal of an indefinite license suspension imposed pursuant to Section 1533(b) of the Vehicle Code, 75 Pa.C.S. § 1533(b).   This appeal concerns the constitutionality of Section 6146(1) of the Vehicle Code, 75 Pa.C.S. § 6146(1), relating to the Commonwealth's entry into the Driver License Compact of 1961 (Compact).

Whitlatch, a resident and licensed driver of Pennsylvania, was stopped and cited for speeding in Moundsville, West Virginia on October 12, 1995.   The citation carried a forty-five dollar ($45.00) fine, and the City of Moundsville notified Appellee by mail on November 13, 1995 that if he failed to appear in court or pay the fine within ten days, the City would take action to have his driver's license suspended.   Whitlatch did not respond to the notice, and, pursuant to Article III of the Compact,¹ West Virginia authorities reported his noncompliance to PennDOT.

On March 29, 1996, pursuant to Article IV of the Compact ² and Section 1533(b) of the Vehicle Code, 75 Pa.C.S. § 1533(b),³ PennDOT suspended Whitlatch's driver's license indefinitely.   PennDOT notified Whitlatch that the suspension would not be lifted until he pled either guilty or not guilty to the West Virginia speeding charge.   Whitlatch did not respond to the West Virginia citation, but instead filed a statutory appeal of his license suspension in the trial court.

The trial court denied Whitlatch's statutory appeal, and he appealed to the Commonwealth Court.   In a Memorandum Opinion, the Commonwealth Court reversed the trial court's Order and vacated Whitlatch's license suspension, holding that Section 6146(1) of the Vehicle Code, 75 Pa.C.S. § 6146(1),⁴ was an unconstitutional delegation of legislative authority in violation of Article III, Section 1 of the Pennsylvania Constitution.⁵

Although the Commonwealth Court properly vacated Whitlatch's license suspension, its reasoning is not in accord with our recent decision in Sullivan v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 550 Pa. 639, 708 A.2d 481 (1998).   In Sullivan, we held that the Compact did not become effective until it was enacted by statute on December 10, 1996, and that a license suspension imposed pursuant to the Compact before that date was invalid.  Sullivan, 708 A.2d at 484-486.   With respect to the constitutionality of Section 6146(1) of the Vehicle Code, 75 Pa.C.S. § 6146(1), we held as follows:

[W]e view Section 6146(1) merely as a delegation of authority to implement the mechanics of the Compact in the Commonwealth.   Pursuant to the Constitution's separation of powers, however, the Legislature could not delegate to the Secretary the power to enact the Compact into law as required by its terms.   Thus, while not unconstitutional, Section 6146(1) is insufficient to render the Compact effective as to the Commonwealth.

Sullivan, 708 A.2d at 486. Thus, the Commonwealth Court in the instant case erred in holding Section 6146(1) unconstitutional.

Such error, however, was harmless.   Here, as in Sullivan, PennDOT suspended Whitlatch's driver's license prior to the Compact's December 10, 1996 enactment.   Accordingly, the suspension was invalid, regardless of the constitutionality of Section 6146(1).   Thus, we AFFIRM, albeit on different grounds, the Commonwealth Court's Order vacating Whitlatch's license suspension.

FOOTNOTES

1.   Article III of the Compact provides that, “[t]he licensing authority of a party state shall report each conviction [for an offense related to the use or operation of a motor vehicle] of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee.”

2.   Article IV of the Compact provides that, “[t]he licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III, as it would if such conduct had occurred in the home state․”

3.   75 Pa.C.S. § 1533(b) provides that, “[PennDOT] shall suspend the operating privilege of any person who has failed to respond to a citation or similar writ to appear before a court of competent jurisdiction of the United States or any state which has entered into an enforcement agreement with [PennDOT], as authorized by section 6146 (relating to enforcement agreements), for any violation of the motor vehicle laws of such state․”

4.   75 Pa.C.S. § 6146(1) provides that, “[The Secretary of Transportation] may enter into agreements relating to the enforcement of [the Vehicle Code], including, but not limited to:  ․ the Driver License Compact and any other agreements to notify any state of violations incurred by residents of that state․”

5.   Article III, Section 1 provides that, “[n]o law shall be passed except by bill․”

NEWMAN, Justice.