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

OPINION BY

Judge SIMPSON.

The Department of Transportation, Bureau of Driver Licensing (PennDOT) challenges an order that overturned Phyllis A. Capone’s (Licensee) three-month license suspension for permitting the use of her uninsured vehicle. Concluding PennDOT satisfied its burden of proving a prima facie violation of Section 1786(d)(1) of the Vehicle Code, 75 Pa.C.S. § 1786(d)(1), and no statutory defense applies, we reverse.

In February 2004, Licensee permitted her son to drive her 1994 Pontiac Sunbird. While driving the vehicle, Licensee’s son was involved in a minor accident. In the course…