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DEPT. OF TRANS. v. JOHNSON

No. 738 C.D. 1983.

84 Pa.Commw. 26 (1984)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Arthur Johnson, Appellee.

Commonwealth Court of Pennsylvania.

July 17, 1984.

Attorney(s) appearing for the Case

Robert C. Bell, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Daniel J. McAleer, with him, Paul V. Tatlow, Thomas F. McDevitt, P.C., for appellee.

Submitted on briefs June 6, 1984, to Judges ROGERS, CRAIG and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 17, 1984:

The Pennsylvania Department of Transportation appeals an order by Judge WHITE of the Court of Common Pleas of Philadelphia County, which reversed the department's decision recalling the school bus operating privileges of Arthur Johnson.

The Vehicle Code requires that school bus drivers be physically qualified. Section 1504(c), 75 Pa. C. S. §1504(c), authorizes and requires the department to "establish by regulation...

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