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COM., DEPT. OF TRANSP. v. LEAR

151 Pa.Commw. 138 (1992)

616 A.2d 185

COMMONWEALTH of Pennsylvania, DEPARTMENT of TRANSPORTATION, BUREAU of DRIVER LICENSING, Appellant, v. Walter C. LEAR, Appellee.

Commonwealth Court of Pennsylvania.

Decided October 14, 1992.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel-in-Charge of Appellate Section, for appellant.

S. Keene Mitchell, Jr. and Thomas S. Cometa, for appellee.

Before McGINLEY and FRIEDMAN, JJ., SILVESTRI, Senior Judge.

SILVESTRI, Senior Judge.

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Luzerne County which sustained the appeal of Walter C. Lear (Lear) and reversed the suspension of his operating privilege. We reverse.

On April 30, 1991, Lear was operating his "off-the-road" motorcycle (commonly known as a dirt bike) on Nescopeck...

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