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300 Pa. Super. 72

445 A.2d 1304

Commonwealth v. Burkett

Superior Court of Pennsylvania

Decided May 21, 1982

Superior Court of Pennsylvania · decided 1982-05-21

Key passage — most relied on by later courts

“(a) General rule. — No person shall authorize or permit a motor vehicle owned by him or under his control to be driven in violation of any of the provisions of this Title. (b) Penalty. — Any person violating the provisions of subsection (a) is guilty of the same offense as the driver of such vehicle and subject to the same penalties____”

quoted by 1 later decision, including 368 Pa. Super. 130 - Commonwealth v. Martinson

Relies on Commonwealth v. Kane · 282 Pa. Super. 100 - Commonwealth v. Bidner · Commonwealth v. BUZAK

Good law ✅— No negative treatment on recordhow we know

Decided 1982-05-21

How this case has been cited

Cited by 44 later decisions — most recently October 2014 · most notably 346 Pa. Super. 129 - Commonwealth v. Martin (1985), 356 Pa. Super. 299 - Commonwealth v. Gray (1986)

44 state decisions

2501982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM:

¶1Following a hearing before a District Justice, appellants Charles Burkett and Geraldine Press were found guilty, respectively, of violating § 1543(a) (driving while under suspension) and § 1575(a) (permitting a violation) of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. §§ 1543(a) and 1575(a). They appealed to the Court of Common Pleas, and, after a hearing de novo, were again found guilty. This direct appeal followed.

¶2The testimony established that, on May 17, 1980, Officer Thomas J. Liott observed Burkett operating a Ford Pinto. Officer Liott testified that he stopped the vehicle because he knew Burkett’s operating privileges had been suspended. As he stopped the vehicle, he observed Burkett switch seats with his passenger, Press. Entered into evidence, over objection, were certifications of Burkett’s records from the Bureau of Traffic Safety. These records indicated that the Bureau had sent Burkett a Notice of Suspension which advised him that the credit toward the suspension would begin when his operator’s license was received by the Bureau. These records also indicated that the Bureau had received his license on November 12, 1979.

¶3Burkett alleges first that the Bureau’s records were inadmissible as hearsay. Under Commonwealth v. Sweet, 232 Pa.Super. 372, 335 A.2d 420 (1975) and Commonwealth v. Slider, 229 Pa.Super. 93, 323 A.2d 376 (1974), these records *75are admissible under the official statement exception to the hearsay rule.

¶4Burkett also argues that the Commonwealth failed to establish that he had actual notice of the suspension, as required by Commonwealth v. Kane, 460 Pa. 582, 333 A.2d 925 (1975). In Kane, the only evidence presented was that the notice of suspension was mailed. Here, however, there is the additional evidence that Burkett’s license was returned to the Bureau and the testimony that Burkett attempted to conceal his actions by removing himself from the driver’s seat. We find this evidence sufficient to establish that Burkett had actual knowledge that his operating privileges had been suspended.

¶5Appellant Press argues that she was cited under the wrong section of the Vehicle Code. Section 1575 of the Vehicle Code under which she was charged, provides:

(a) General Rule.—No person shall authorize or permit a motor vehicle owned by him or under his control to be driven in violation of any of the provisions of this title. 75 Pa.C.S.A. § 1575.

¶6Press argues that, § 1574 of the Vehicle Code is more appropriate because it specifically pertains to her offense whereas § 1575 is a general provision. Section 1574 provides:

(a) General Rule.—No person shall authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter [licensing provisions] or who is not licensed for the type or class of vehicle to be driven. 75 Pa.C.S.A. § 1574.

¶7We must agree. Section 1574 clearly applies to the facts of the instant case. It has long been the law of Pennsylvania that a person cannot be charged under general provisions of a penal code where special provisions are available. Commonwealth v. Bidner, 282 Pa.Super. 100, 422 A.2d 847 (1980); Commonwealth v. Buzak, 197 Pa.Super. 514, 179 A.2d 248 (1962). Therefore, we must reverse the *76lower court’s ruling that appellant Press was properly charged with violating § 1575.

¶8Affirmed as to appellant Charles Burkett. Reversed and judgment of sentence vacated as to appellant Geraldine Press.

POPOVICH, J., files a dissenting statement.
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