Conroy v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION BY PRESIDENT

JUDGE COLINS.

Herein, the Court again addresses whether a licensee’s untimely filing of an appeal should permit the Department of Transportation (DOT) to suspend the licensee’s operating privilege pursuant to 42 Pa.C.S. § 7002(b) (“Ignition Interlock Law”) where the ignition interlock requirement was imposed by DOT. We conclude that it does not; we affirm the order of the trial court granting nunc pro tunc relief and striking the requirement. The matter comes to this court by way of an appeal by DOT from the order of the Court of Common Pleas of Chester County (trial court).