Request By:
Mr. O.B. Arnold
Commissioner
Bureau of Vehicle Regulation
Department of Transportation
State Office Building
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
You have requested an opinion of the Attorney General on two questions concerning the suspension of driver's licenses. Your first question is stated as follows:
"The Division of Driver Licensing performs as a clerk for the several inferior state courts with regards to convictions for moving traffic violations, including the offense of driving while intoxicated. Our question is as follows: 'When computing periods of revocation, pursuant to receipts of convictions from these courts, must the Division of Driver Licensing begin the period of revocation on the date of conviction in the district court, or should the division assess the period of suspension beginning with the date of the receipt of the court's conviction?"
First we would point out that the performance of the Division of Driver Licensing as a clerk for a district court is an entirely separate function from the performance of the Division in regard to the suspension of driver's licenses. The suspension of a driver's license under the mandatory provisions of KRS 186.560 is an administrative function. The suspension of a driver's license is not a part of the penalty for the offense of driving while intoxicated. Department of Public Safety v. Cox, Ky., 467 S.W.2d 603 (1971). When the Division is acting as clerk of the court it is wearing one hat and when it suspends a driver's license it is wearing another hat.
In OAG 77-31 we discussed the question of when the period of suspension should beging to run. (Opinion attached). In that opinion we said that if the court takes up the driver's license as directed by KRS 186.550(2) the period of revocation shall run from the date the license certificate is taken from the driver. If the court does not take up the certificate from the driver the period of suspension shall run from the date under which the department gives notice of the suspension. We believe that this answers your first question.
Your second question is stated as follows:
"If the Division of Driver Licensing receives three separate convictions for three offenses which all require periods of suspension, shall the division compute these convictions concurrently, consecutively, or date all convictions from the date of receipt?"
To explain the reasons for this question, and to achieve uniformity within this division, it must be understood that the ramifications of this are quite serious. In one situation, a person could serve three and one-half years and another person may serve only two years for the same number of offenses. The division presently computes the period of suspension from the date of the conviction of the offense and runs all of the subsequent convictions consecutively rather than concurrently. "
Again we would emphasize that the suspension of driver privileges is not a part of the penalty of a violation. The operation of a vehicle on a public highway is a privilege granted by the state on certain conditions. Sturgill v. Commonwealth, Ky., 303 S.W.2d 908 (1957). The privilege can be suspended and it is mandatorally required that it be suspended in the case of certain violations listed in KRS 186.560. In order to answer your question as to whether periods of suspension shall be made to run concurrently or consectutively we must refer to KRS 186.560(2)(3)(4) which reads in part as follows:
"(2) If the person convicted of any offense named in subsection (1) is not the holder of a license, the department shall deny the person so convicted a license for the same period of time as though he has possessed a license which had been revoked. If through an inadvertence the defendant should be issued a license, the department shall forthwith cancel it.
(3) The department upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license of that person is denied or suspended, or revoked, or while his provilege to operate a motor vehicle is withdrawn, shall immediately extend the period of the first denial, suspension, revocation or withdrawal for an additional like period.
(4) The revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle under this section shall be for a period of six (6) months, except that, if the same person has had one (1) previous conviction of any offense enumerated in subsection (1) of this section, regardless of whether the person's license was revoked because of the previous conviction, the period of the revocation, denial or withdrawal shall be one (1) year; if the person has had more than one (1) previous conviction of the offenses considered collectively as enumerated in subsection (1) of this section, regardless of whether the person's license was revoked for any previous conviction, the period of revocation, denial or withdrawal shall be for not less than two (2) years. . ."
From the provisions of the statute just quoted it is our opinion that it is the legislative intent that periods of suspension shall run consecutively. The purpose of a suspension is to remove a driver from the highways for a certain period for his own protection and the protection of the public. If a driver commits several offenses requiring mandatory suspension the periods of suspension shall be served consecutively.