Byler v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION BY

Judge SMITH-RIBNER.

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Court of Common Pleas of Erie County that sustained the appeal of Walter Byler from a recall of his driver’s license for incompetency pursuant to Sections 1518(b) and 1519(c) of the Vehicle Code, as amended, 75 Pa.C.S. §§ 1518(b) and 1519(c). DOT questions whether the trial court committed reversible error by ruling that lay testimony was sufficient to rebut DOT’S prima facie medical evidence of Byler’s incompetency to drive.

I

On or about November 4, 2004, DOT received a…