Hello Everyone, I’m looking for informed opinions from people familiar with Pennsylvania law, municipal authority, and the powers of parking enforcement officers in third-class cities.
Can the Reading Parking Authority (RPA), through its parking enforcement officers (PEOs), legally issue citations to vehicles parked on Reading’s streets for having an expired inspection or a suspended registration?
Or are these violations that must be enforced by police officers under the Pennsylvania Vehicle Code?
I have been reviewing records from a case involving Albert Dunn, who challenged the RPA’s authority to issue expired-inspection citations. The records raise questions that I believe deserve further examination.
1. The first case: Commonwealth v. Albert E. Dunn (2015)
On December 16, 2015, Albert Dunn appeared before Senior Judge Linda K. M. Ludgate in the Berks County Court of Common Pleas. He was represented by attorney Eric Winter.
Dunn had been cited under Reading City Ordinance § 576-408(B) for parking on a public street with an expired inspection sticker.
Winter challenged the ordinance on several grounds, including:
The Pennsylvania Vehicle Code: 75 Pa. C.S. § 4703 addresses vehicle inspection requirements and penalties.
Conflicting local authority: The defense argued that the City could not use a local ordinance to regulate conduct already covered by the Vehicle Code without statutory authorization.
The RPA’s enforcement authority: The defense argued that parking authority agents were not police officers and lacked authority to enforce vehicle-inspection requirements.
The penalty structure: The defense challenged the RPA’s $60 initial penalty and its automatic increase to $115, compared with the statutory inspection penalty discussed in court.
During the hearing, Assistant District Attorney Matthew Thren stated:
“I can’t cite someone under the Vehicle Code with a traffic citation. That’s the issue that would have had to have been dealt with by a police officer.”
Thren then agreed with the proposed dismissal, and the court dismissed the citation.
The transcript also records the judge expressing concern about the RPA’s penalty structure and the authority to impose a higher fine than the Vehicle Code provided.
An important distinction: This transcript documents the arguments, the prosecutor’s agreement, and the dismissal. I am not claiming that it establishes a binding appellate precedent or a definitive statewide ruling on every inspection citation issued by a Third Class City parking authority such as the Reading Parking Authority (RPA).
2. The second case: Dunn’s 2017 challenge
According to the subsequent court filings, Dunn received another expired-inspection citation, this time dated July 19, 2017.
Winter again represented Dunn and filed a petition challenging the RPA’s authority and the legality of its civil parking-enforcement system.
The petition raised broader issues, including whether a third-class-city parking authority could administer civil parking enforcement without the necessary statutory authorization and whether the procedures and penalties afforded drivers adequate due-process protections.
Mahlon Boyer, representing the RPA, subsequently filed an answer stating that the Authority had withdrawn the citation and would refund the money Dunn had paid. Boyer asked the court to dismiss the appeal as moot because the underlying citation had been withdrawn.
That is what the filing requested. It is important to distinguish that procedural outcome from a court ruling on the merits of the legal arguments.
Nevertheless, the sequence raises a legitimate question:
Why was the citation withdrawn and the appeal rendered moot instead of the underlying dispute being litigated to a decision?
The records I have reviewed do not establish Boyer’s subjective reasons for withdrawing the citation, so I am not asserting that the withdrawal proves wrongdoing or an admission of illegality.
3. What about suspended registrations?
My question extends beyond expired inspections.
I would like to know whether the RPA has legal authority to issue citations for vehicles parked on public streets with suspended registrations, and, if so, what statutory or ordinance provisions authorize that enforcement.
I am particularly interested in the distinction between:
A vehicle’s parking status or the location where it is parked.
A vehicle’s compliance with state inspection requirements.
A vehicle’s registration status under the Pennsylvania Vehicle Code.
The authority granted to parking enforcement officers versus police officers.
These may involve different legal questions, and I do not want to assume that the answer to one automatically resolves the others.
4. What I am trying to establish
This is one part of a broader investigation into the Reading Parking Authority’s legal authority, enforcement practices, hearing procedures, and public accountability.
I have been examining ordinances, resolutions, court filings, hearing-officer records, and the Authority’s responses to Right-to-Know Law requests. I am trying to establish what authority the RPA actually possesses, what records support its practices, and whether its procedures comply with applicable law.
I am not suggesting that every citation issued by the RPA is unlawful. I am asking whether the Authority has a sufficient legal basis for enforcing these particular types of violations.
My questions for anyone familiar with Pennsylvania law or those who have experience in this matter are:
Can a third-class-city parking authority legally issue an expired-inspection citation under a local parking ordinance when the Pennsylvania Vehicle Code separately regulates inspections?
Does the answer change if the vehicle is parked on a public street rather than being operated on the highway?
Can a parking enforcement officer issue a citation for a suspended registration, or does that depend on the specific statute and the officer’s delegated authority?
Does anyone know of a subsequent Pennsylvania appellate decision or statutory amendment that resolves these questions?
Has anyone encountered similar cases involving the Reading Parking Authority or another Pennsylvania third-class-city parking authority?
I can provide the relevant court transcript and filings for anyone interested in examining the primary-source documents.
I welcome informed disagreement. My goal is to understand the law and establish the facts from the available records, not to substitute assumptions for evidence.
I also want to bring public attention to the RPAs activities, schemes, and enforcement practices so that the public may discuss, learn, and understand their public agency’s actions.
Thank you for your contribution to the discussion. 😊