Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Arthur Johnson, No. 6512 January Term, 1983.
Robert C. Bell, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.
Daniel J. McAleer, with him, Paul V. Tatlow, Thomas F. McDevitt, P.C., for appellee.
Judges Rogers, Craig and Barbieri, sitting as a panel of three. Opinion by Judge Craig.
The Pennsylvania Department of Transportation appeals an order by Judge White of the Court of Common Pleas of Philadelphia County, which reversed the department's decision recalling the school bus operating privileges of Arthur Johnson.
The Vehicle Code requires that school bus drivers be physically qualified. Section 1504(c), 75 Pa. C.S. § 1504(c), authorizes and requires the department to "establish by regulation the qualifications necessary for the safe operation of the various types . . . of vehicles and the manner of examining applicants to determine their qualifications. . . ." Section 1509(a)(2), 75 Pa. C.S. § 1509(a)(2), as to a school bus driver license, Class 4, requires "an annual physical examination to be given by the physician for the school district. . . ." Section 1517(b), 75 Pa. C.S. § 1517(b), establishes a medical board and requires that board to "formulate rules and regulations for adoption by the department on physical and mental criteria . . . relating to the licensing of drivers."
The current regulation, at 67 Pa. Code § 71.3(b), reiterates the annual physical examination requirement for school bus drivers and states "the minimum requirements for passing a physical examination" as including, not only compliance with specified vision standards and the absence of anatomical impairment but also:
(3) No established medical history or clinical diagnosis of:
(i) diabetes mellitus requiring use of insulin or any other hypoglycemic medication.
(ii) myocardial infarction, angina pectoris, coronary insufficiency.
(iii) any other form of cardiovascular disease, including hypertension with syncope, dyspnoea, loss of consciousness, ...