Legal Opinion

COM., DEPT. OF TRANSP. v. Lear

Commonwealth Court of Pennsylvania

Decided October 14, 1992No. 25 C.D. 1992PublishedCited by 10 opinions

1Opinion of the Court

SILVESTRI, Senior Judge.

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Luzerne County which sustained the appeal of Walter C. Lear (Lear) and reversed the suspension of his operating privilege. We reverse.

On April 30, 1991, Lear was operating his “off-the-road” motorcycle (commonly known as a dirt bike) on Nescopeck Township Road 379 near Wapwallopen when he collided with an automobile. The investigating Pennsylvania State Trooper issued Lear a citation for violating Section 1301 of the Vehicle Code 1 (Code), 75…

2Cases cited5 opinions

  1. Commonwealth v. BellSupreme Court of Pennsylvania · 1986
  2. Wheatley v. CommonwealthCommonwealth Court of Pennsylvania · 1987
  3. Commonwealth v. EliasonSupreme Court of Pennsylvania · 1986
  4. COM., DEPT. OF TRANSP. v. EmpfieldSupreme Court of Pennsylvania · 1991
  5. Commonwealth v. BarrettSuperior Court of Pennsylvania · 1988

3Cited by10 opinions

  1. UGI Utilities, Inc. v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2004
  2. Pelter v. CommonwealthCommonwealth Court of Pennsylvania · 1995
  3. School District of Erie v. Pennsylvania Labor Relations BoardCommonwealth Court of Pennsylvania · 2003
  4. Pangallo v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2013
  5. Philadelphia Honda, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1995

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