Legal Opinion

Bureau of Traffic Safety v. Byrd

Commonwealth Court of Pennsylvania

Decided March 2, 1979No. Appeal, 1817 C.D. 1977PublishedCited by 10 opinions

1Opinion of the Court

Opinion by

Judge Craig,

Can the holder of a school bus driver’s license, who had previously suffered a myocardial infarction, but who has now been found to be “fully recovered” and physically competent upon medical examination, nevertheless have his school bus operator’s certificate suspended by the Bureau of Traffic Safety of the Department of Transportation solely on the basis of a departmental regulation declaring that a history of myocardial infarction alone, absolutely and without exception, disqualifies any person from legally driving a school bus?

The applicable statutory provision is…

2Cases cited4 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. United States v. CartwrightSupreme Court of the United States · 1973
  3. Uniontown Area School District v. Pennsylvania Human Relations CommissionSupreme Court of Pennsylvania · 1973
  4. Girard School District v. PittengerSupreme Court of Pennsylvania · 1978

3Cited by10 opinions

  1. Bush v. CommonwealthCommonwealth Court of Pennsylvania · 1988
  2. Commonwealth, Department of Transportation, Bureau of Traffic Safety v. SlaterCommonwealth Court of Pennsylvania · 1983
  3. Elkin v. Commonwealth, Department of Public WelfareCommonwealth Court of Pennsylvania · 1980
  4. Commonwealth, Department of Transportation, Bureau of Traffic Safety v. JohnsonCommonwealth Court of Pennsylvania · 1985
  5. Giant Food Stores, Inc. v. Commonwealth, Department of HealthCommonwealth Court of Pennsylvania · 1998

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