Commonwealth v. Austin
Commonwealth v. Austin
Opinion of the Court
This is an appeal from the Commonwealth Court order affirming appellant’s conviction for violations of the Motor Vehicle Code.
Section 4941 of the Vehicle Code prescribes penalties for operating overweight vehicles on the highways.
PennDOT, by regulation, requires that a truck so loaded be accompanied by two pilot cars and display “OVERSIZE LOAD” placards.
Stopped by a state trooper, appellant was cited for those violations. His truck was then weighed and being overweight he was also issued a citation for weight violations.
On appeal, de novo, to the Court of Common Pleas of Westmoreland County, appellant was again found guilty of all violations.
The central issue here is whether the regulations promulgated by PennDOT are all of a piece and whether, therefore, violation of any of the regulations precipitates the penalties available for all infractions regardless of their purpose. The lower courts found in the affirmative, based upon their construction of regulation 51.10(8), which is as follows:
“§ 51.10. General conditions. The following conditions shall apply to permits issued under these regulations, where applicable:
(8) The permit shall be automatically invalidated by the violation of any condition specified therein, by violation of these regulations or by the giving of false information on the application for the permit. Any such violation or falsification will also be grounds for refusal to issue permits on future applications.”
See 67 Pa.Code § 179.10(8).
The legislature in enacting chapter 49 of the Code addressed several different objectives and prescribed different penalties to accomplish those objectives.
Subchapter C, addressed to maximum weight limitations, provides a graduated scale of fines for violations,
There is a vast difference between a permit invalidated for safety violations and no permit at all. Appellant obtained a permit by posting a bond guaranteeing against the damage the regulation is designed to prevent. His violation was against the safety regulations, not against the provisions aimed at regulating weight and preventing damage to the highway. To inflict a penalty for a violation already provided against by appellant’s bond is a harsh penalty and can be supported only by the clearest provision. The penalty under subchapter A for violation of the safety regulations is a $50.00 fine,
Accordingly, we vacate appellant’s conviction under Section 4941.
. Act of June 17, 1976, P.L. 162, No. 81, § 1 et seq., eff. July 1, 1977, 75 Pa.C.S.A. §§ 4901, et seq.
. 75 Pa.C.S.A. § 4941.
. 75 Pa.C.S.A. § 4901.
. The regulations were promulgated at 67 Pa.Code Chapter 51, Regulation 51.10, and now appear at 67 Pa.Code § 179.10.
. 75 Pa.C.S.A. § 4945.
. 75 Pa.C.S.A. §§ 4901, 4961, 4962.
. The lower court imposed a $50.00 fine pursuant to section 4907 of the Code, permitting fines of not less than $50.00 nor more than $100.00 for violations under this chapter. 75 Pa.C.S.A. § 4907.
Concurring Opinion
concurring.
I agree that appellant was improperly fined pursuant to section 4945 of the Vehicle Code, 75 Pa.C.S. § 4945, which imposes sanctions for exceeding the maximum weight permitted by section 4941 for loads transported on the highways. Appellant sought to transport a bulldozer which, when combined with his vehicle, weighed 143,450 pounds,
The citations against appellant for operating a vehicle without pilot cars, 67 Pa.Code § 179.10(13), failing to display oversize load placards, 67 Pa.Code § 179.10(15), and failing to post red flags on his trailer, 67 Pa.Code § 179.10(16), provided grounds for requiring appellant immediately to remove his vehicle from the state highway, correct the safety violations, and pay the $50 fine as established by section 4907 for those safety violations. However, those citations provided no basis for subjecting appellant to a $20,250 fine under section 4945 of the Vehicle Code for an overweight-vehicle violation, as there is no indication of a legislative intent to deem a vehicle with a proper overweight permit to be “overweight” for purposes of penalty provisions merely because of unrelated safety violations. Accordingly, the order of the Commonwealth Court is properly reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.