Neimeister v. Department of Transportation, Bureau of Driver Licensing

In Neimeister v. Department of Transportation, Bureau of Driver Licensing, 916 A.2d 712 (Pa. Cmwlth. 2006), an ambulance driver witnessed an 86-year-old licensee cross back and forth over the double yellow line and nearly sideswipe two cars in the other lane. The ambulance driver provided a description of the car and the plate number to the police, who ultimately recommended to DOT that the licensee be reexamined. The licensee passed the vision test, but failed the traffic signs and laws sections of the examination. The licensee also refused to comply with the driving test requirement. As a result, DOT indefinitely suspended her license under 75 Pa. C.S. 1519(c) (determination of incompetency). On appeal, the trial court determined 75 Pa. C.S. 1519(a) did not authorize DOT to require the licensee to take a driving test after she submitted the successful results of her physical examination. In rejecting this interpretation as too narrow, we concluded that although the licensee's doctor found her competent to drive from a medical standpoint, Section 1519(a) still provided DOT with the authority to require her to undergo a driving test.