Bureau of Traffic Safety v. Bush

Opinion by

Judge Kramer,

This is an appeal by the Department of Transportation, Bureau of Traffic Safety from an order of the Court of Common Pleas of Chester County, dated October 2, 1975, which sustained the appeal of Jay L. Bush. The Secretary of Transportation had revoked Bush’s operating privileges for a period of one year. The only issue is whether the trial court erred in failing to dismiss the appeal on the basis of Section 616(a)(4) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. §616(a)(4). We find error and reverse.

The important facts are not in dispute. On…