violation of the regulations of the Department of Transportation, for school bus drivers.
26. At the time his school bus driver's license was suspended, Strathie was in every respect other than his hearing, qualified under Department of Transportation regulations to continue to be licensed to drive a school bus. With the use of a hearing aid, Strathie's hearing was corrected within the decibel requirements of the regulations of the Department of Transportation to be a school bus driver.
27. At the time the Department of Transportation suspended his school bus driver's license, Strathie's salary at Van Trans was $3.75 per hour as a part time driver. Had his license not been suspended, Strathie would have made the job as a school bus driver with Van Trans his primary employment. Strathie's rate of pay at Van Trans, if hired and employed full time, would have been $4.75 per hour in 1978, $5.10 per hour in 1979, and $5.35 per hour in 1980.
28. Following suspension of his school bus driver's license, Strathie was hired as a part-time clerk in a hardware store. Continuing his employment at the hardware store until 1979, Strathie worked approximately 29 hours a week, at a salary of $3.85 per hour. His total income from that employment during the years 1977-79 was $11,403.51.
29. In 1979, Strathie changed his residence from Pennsylvania to Florida, where he passed the tests required under Florida law to become a school bus driver. Though qualified to drive a school bus in Florida, Strathie has yet to attain permanent employment as a bus driver.
30. Strathie has never been refused or discharged from a job because of his hearing impairment, except for the school bus driver job with Van Trans. Other than driving a school bus, Strathie has never been prevented by his hearing impairment from taking part in the usual activities of life. His hearing impairment has not affected his learning or driving ability in any way.
31. The plaintiff class consists of all persons who have had their Pennsylvania Class 4 school bus driver's licenses suspended since February 9, 1973, pursuant to Pennsylvania Department of Transportation regulation 150.
32. According to Department of Transportation records, the Class 4 licenses of at least 46 persons were suspended between February 9, 1973, and October 29, 1979, because they wore hearing aids. The Department of Transportation has continued to enforce this regulation since October 1979, by suspending the Class 4 licenses of additional bus drivers.
33. The plaintiff was unable to meet the minimum hearing acuity standards without the use of a hearing aid. It was for this reason that on February 2, 1977, his school bus operating privileges were suspended.
34. The regulation which prohibits people from driving school buses who need hearing aids to meet the minimum hearing standards for licensing as school bus drivers was formulated by the MAB and adopted by the Department of Transportation effective July 1, 1970.
35. The prohibition of the use of hearing aids by school bus drivers was imposed, inter alia for the following reasons,
(a) The ability to hear at a certain level and to localize sound are factors that are relevant to a determination of whether a person is competent to operate a school bus.