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

I respectfully dissent. Unlike the majority, I agree with the Court of Common Pleas of Crawford County (trial court) that the Department of Transportation, Bureau of Driver Licensing (DOT), failed to prove that Ronald Urey Habbyshaw (Licensee) is an “owner” of his wife’s 1992 Ford Thunderbird (Thunderbird) under section 102 of the Vehicle Code.1 Thus, I would affirm the trial court’s reversal of DOT’s suspension of Licensee’s operating privileges pursuant to section 1786(d) of the Vehicle Code,2 although I would do so for different reasons.

In deciding this case in favor of Licensee, the trial…