GILMORE v. COM.


139 Pa.Commw. 499 (1991)

590 A.2d 1369

Randy Michael GILMORE, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

Decided May 6, 1991.


Attorney(s) appearing for the Case

Cheryl A. Ignasiak, with her, Jonathan E. Jones, Ogg, Jones, Desimone & Ignalzi, Pittsburgh, for appellant.

Harold H. Cramer, Asst. Chief Counsel, with him, David R. White, Asst. Counsel, Timothy P. Wile, Asst. Counsel-in-Charge of Appellate Section, and John L. Heaton, Chief Counsel, Harrisburg, for appellee.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, SMITH, PELLEGRINI and BYER, JJ.


CRAIG, President Judge.

In this Vehicle Code appeal, the threshold question is:

When a motor vehicle operator has filed an appeal in a trial court under § 1550(a) of the Vehicle Code, 75 Pa.C.S. § 1550(a), from a license suspension or revocation imposed by the Pennsylvania Department of Transportation (DOT), must the appeal be perfected by serving a copy of the notice of appeal upon DOT?

Furthermore, if the validity of such a statutory...

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