In Montchal v. Department of Transportation, Bureau of Driver Licensing, 794 A.2d 973, 976 (Pa. Cmwlth. 2002), the Court held that 75 pa.c.s. § 1519 provided the the Department of Transportation, Bureau of Driver Licensing (Department) with the authority to subject a licensee to a driving examination in order to determine her competency to drive.
There, the police referred the licensee's name to the Department after the licensee was involved in a single car accident.
The Department subjected the licensee to a driving examination, but not a physical examination.
After the licensee failed the signs and laws portion of the examination, the Department indefinitely suspended the licensee's operating privilege.
The trial court sustained the licensee's appeal, concluding the "Department could not recall the operating privileges of any person based on a recommendation from a local police department where there is no medical report or medical testimony suggesting that the motorist is not competent to drive." Id. at 975.
The Court reversed the trial court, concluding "that Section 1519 grants authority to the Department to require a licensee to submit to the tests set forth in Sections 1508 and 1514(b)," including the driving examinations. Id.
The Court further determined that "Section 1519 grants the Department the discretion to request the licensee to undergo an examination by a physician," and "if the Department requires the licensee to undergo a medical examination, Section 1519 then requires the determination of competency to be made based on all medical reports and testimony." Id.