Ward v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles
2013 Pa. Commw. LEXIS 113
| Pa. Commw. Ct. | 2013Background
- Ward was appointed constable in Silver Spring Township in 2008 and elected in 2009, beginning a six-year term in 2010.
- In 2009 Ward registered a Ford Crown Victoria with DOT Form MV-4ST, listing the purchaser as Silver Spring Township Constables Office and received a Municipal Government plate without paying the $36 fee.
- A handwritten note on the 2009 form claimed a sales tax exemption under code 18 for Municipal Authority, with no clear finding who wrote it.
- In 2010 Ward purchased a 1997 Chevrolet Tahoe and registered it similarly, again with an MG plate and no registration fee paid.
- DOT later suspended the Tahoe’s registration in 2011 for nonpayment of fees, citing the MG plate issued in error.
- The trial court denied Ward’s appeal, and this court affirmed, holding Ward is not exempt as a constable and that the exemption is not an emolument; estoppel was rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a constable qualifies for a vehicle fee exemption | Ward argued constable is a governmental entity | Ward is not a governmental or quasi-governmental entity | Constable not exempt from $36 fee |
| Whether the exemption constitutes a constitutionally protected emolument | Exemption is an emolument of office | Exemption not an emolument since Ward is not exempt | Exemption not an emolument; not protected |
| Whether equitable estoppel bars DOT from demanding fees | Ward relied on DOT issuing MG plate and waived fees | Ward did not rely on exemption; estoppel not applicable | Equitable estoppel not established |
Key Cases Cited
- In re Act 147 of 1990, 528 Pa. 460 (Pa. 1991) (constable analytically part of executive branch; not Commonwealth employee)
- Commonwealth v. Roose, 456 Pa. Super. 238 (Pa. Super. 1997) (constable not empowered like police; unauthorized actions can occur)
- Rosenwald v. Barbieri, 501 Pa. 563 (Pa. 1983) (constables independent contractors; not municipalities' employees)
- Westinghouse Elec. Corp./ CBS v. Workers’ Compensation Appeal Board, 584 Pa. 411 (Pa. 2005) (estoppel standards and reliance principles)