
    George H. Stayton, Jr., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee.
    Submitted on briefs June 10, 1982,
    to President Judge Crumlish, Jr. and Judges Rogers and Mac-Phail, sitting as a panel of three.
    
      
      Robert J. Kerns, Landis, Williams & Kerns, for appellant.
    
      Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.
    September 13, 1982:
   Opinion by

President Judge Crumush, Jr.,

George Stayton appeals from a Montgomery County Common Pleas Court decision which affirmed a nine-month suspension of Stayton5s Certificate of Appointment as an official inspection station. We affirm.

Stayton has asserted that Section 4724(a) of the Vehicle Code, as amended, 75 Pa. C. S. §4724(a), should be applied retroactively, granting discretion, rather than mandating that the Pennsylvania Department of Transportation suspend his license for the misconduct of his employees. We have held that statutes are never to be applied retroactively unless expressly intended to be so by the legislature. See Department of Labor and Industry, Bureau of Employment Security v. Pennsylvania Engineering Corp., 54 Pa. Commonwealth Ct. 376, 421 A.2d 521 (1980).

We thus affirm on the basis of the able opinion of Judge Smillie, Pa. D. & C.3rd (1981).

Affirmed.

Order

The order of the Montgomery County Court of Common Pleas, No. 80-14055, dated October 14, 1980, is affirmed.  