Commonwealth v. Pollock

I join in the disposition of all of the issues raised on appeal save one. While I, like the majority, would affirm the judgment of sentence imposed upon Appellant for the § 4901 conviction, I respectfully dissent from the majority’s affirmance of the § 4941(a) conviction. I believe the disposition of that conviction is controlled by our Supreme Court’s decision in Commonwealth v. Austin, 500 Pa. 620, 459 A.2d 336 (1983).

In Austin, supra, Austin had obtained a permit to haul an oversized and overweight load, i.e., a bulldozer. In transit, however, he violated several safety regulations…