# Commonwealth v. Brown

> Superior Court of Pennsylvania · February 25, 1993 · 423 Pa. Super. 264

URL: https://www.frixlaw.com/law-library/cases/9651248

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant, v. Lee BROWN
- **Court:** Superior Court of Pennsylvania
- **Decided:** February 25, 1993
- **Citations:** 423 Pa. Super. 264; 620 A.2d 1213; 1993 Pa. Super. LEXIS 685
- **Precedential status:** Published
- **Opinion:** Concurrence by Sole
- **Judges:** Rowley, Sole, Cercone
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9651248

## How later opinions describe it (automated extraction)

- holding that a bicycle “clearly f[e]ll[] within the confines of [the] definition” set forth in Section 102 of the Motor Vehicle Code
- reversing dismissal of DUI charges against bicycle rider because a bicycle is a vehicle under 75 Pa.C.S.A. § 102, and refusing to consult legislative history to define “vehicle” because there is no ambiguity in the statutory definition

## Opinion text

DEL SOLE, Judge,
concurring.
I join the opinion of my distinguished colleague, Judge Cercone. I only wish to point out that the Vehicle Code evidences the Legislature’s understanding that the word “vehicle” does include bicycles.
*269 At 75 Pa.C.S.A. § 1101, all vehicles are required to be titled except those exempted in § 1102. There, in subparagraph 7, vehicles “moved solely by human or animal power” are excluded from this requirement. This same limitation also applies to the registration requirements of § 1301 et. sec. These sections demonstrate to me that the members of the General Assembly fully understood that bicycles were included in the definition of “vehicle” when used in § 3731.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9651248. Public record. Not legal advice.