TO THE MAGISTRATES’ COURT ON DUTY
OBJECTING: XXXXXXXXX, T.C.: XXXXXXXXXX
ATTORNEY: (if applicable)
ADDRESS : (if available)
APPEAL AGAINST THE DECISION
RECOMMENDED INSTITUTION: ….. Traffic Control Bureau Supervisor
ISSUE : ….. we object to the traffic administrative fine minutes XX Series XXXXXX of the traffic control bureau dated 03/07/2021 and the driver’s license recovery minutes XXXXXX.
Our client is a German citizen and has come to XXXX for the purpose of vacation. on 03/07/2021, he consumed some alcohol while watching a match in a restaurant. After the match was over, he got into his car with the number XXXXXX, which he rented from the car rental company, to return to his place of stay.
During the client’s return to his/her place of stay, he/she was stopped by police officers at a routine traffic control point conducted by XXX Traffic Control Bureau in XXXX Street location and subjected to an alcohol examination by being inspected.
The amount of alcohol in the blood of the client who blew on the promil meter as a necessary aid to police officers was measured as 0.24 Promil. In addition, the license and ID of the vehicle that the client rented and used (ANNEX-1) was obtained in a hurry without even checking it, and the administrative fine minutes XX series and XXXXXX series numbered (ANNEX-2) dated 03/07/2021 and the driver’s license retrieval minutes XXXXX dated 03/07/2021 (ANNEX-3) were issued to him. The relevant penalty was paid by the client in order to benefit from the early payment legal deduction.
The purpose of using the vehicle is written as “Special” in the minutes issued when the driver’s license revocation minutes dated 03/07/2021 and numbered XXXXX are reviewed. When the vehicle’s license is examined, the purpose of use is registered as “Special” according to the official license of the vehicle.
Article 2918 of the Traffic Code of Highways.as a result of the determination made according to the “48/5 regulation”, drivers who are found to be driving with alcohol for more than 0.50 promil, even if it constitutes a real crime, will be fined an administrative fine of 700 Turkish liras and the driver’s license will be revoked for six months. According to the legislator, the lower limit of promil is applied as 0.21 for drivers who use vehicles other than private cars as alcoholic beverages …”The legislator has regulated the level of the allowable amount of promil for drivers of vehicles according to the type of vehicle. According to this regulation, 0.50 promil has been determined as 0.21 promil if the purpose of using the relevant vehicle without belonging to a natural or legal person in the license is “Private” and 0.51 promil if it is “Commercial”. With this arrangement, truck, van, taxi, minibus, bus, van, etc due to the activities they are made of the private vehicle commercial vehicle drivers the driver, according to a further constraint is intended to be more careful and alcohol intake
Although the legal entity registered the vehicle on the company in the event experienced by the client, the registration certificate was allocated and registered for the purpose of “SPECIAL” use of the vehicle in the use of the client according to the license. The vehicle used by the client is a Fiat Fiorino Model. Although the relevant vehicle appears to have been manufactured for the purpose of appearance and use and for the purpose of use in commercial works, the legislation of our country allows such vehicles to be registered as “PRIVATE” and not as “COMMERCIAL” by depositing the necessary fees when registering a vehicle license. It is a vehicle that has already been registered as a “SPECIAL” vehicle in the same way as the vehicle used by the client.
However, the police officers on duty, regardless of the license, were prejudiced only by the appearance of the vehicle, and used the purpose of the law, which he cited in the minutes he issued, in violation of procedure and law. For this reason, even if the necessary checks were carried out in accordance with the law, the vehicle rented and used by the client was registered as “SPECIAL”, so the legal alcohol limit allowed by the law in such vehicles is 0.50 promil, so no administrative sanctions can be applied against the client on the grounds of 0.24 promil, it will clearly be understood from the mandatory provisions of the law.
As a matter of fact, the Istanbul Regional Administrative Court 8. Administrative Litigation Department 2018/752 E. 2018/1004 K. And 30/05/2018 T. In the case filed with the request for cancellation of the transaction in the case law of Künyeli; although it is a type of van, the purpose of use is that the vehicle registered as a “private” is registered in a commercial business asset or used for commercial purposes, just because it is a van, there is no compliance with the law in the proceedings established on the basis of the legislation that must be applied for commercial vehicles …”, he made it clear that an administrative sanction against the law cannot be issued just by looking at the exterior of the vehicle.
As for the task, although the Magistrates are authorized in the Judicial system of the Courthouse in appeals against a traffic administrative fine, there were different decisions of the dispute courts on different dates in cases / appeals filed to cancel the process of revoking the driver’s license in our legal system and there was no consensus. But by the legislator 2918 p.K.112th. With the amendment made to the Article (AMENDED ARTICLE RGT: 02.08.2013 RG NO: 28726 LAW NO: 6495/20 2918), “the magistrates’ courts decide on the revocation and revocation of driver’s licenses.” he has clearly determined that the Magistrates’ Courts are in charge of this issue and has ended the discussions on this issue.
CONCLUSION and DEMAND
For the reasons described above and which will be taken into consideration if you re,
CANCELLATION of the traffic administrative fine dated 03/07/2021 and numbered XXX Series XXXX Sequence, organized by the Alanya traffic supervision bureau, which is organized in violation of the procedure and the law about the client, as well as THE REFUND OF THE AMOUNT OF THE FINE PAID BY THE CLIENT,
03/07/2021 issued by the Alanya traffic supervision bureau about the client and XXXX driver’s license revocation administrative sanction REVOCATION and RETURN OF THE CONFISCATED DRIVER’S LICENSE BELONGING TO THE CLIENT,
The trial fees and expenses are charged to the opposite party of the power of attorney,
We supply and demand information to make a decision. 08/07/2021
Proofs – Annexes:
1-) Photocopy of the license plate of the vehicle with the number XXXXX
2-)photocopy of the traffic administrative fine minutes dated 03/07/2021 and numbered XX Series XXXXXX Row
3-) photocopy of the driver’s license revocation minutes dated 03/07/2021 and numbered XXXXX
4) Power of attorney and its annexes.
5-) Receipt of payment of traffic administrative fine (Subpoena is requested.)