The administrative sanction for the revocation of the driver’s license is an administrative sanction regulated in the Road Traffic Code No. 2198, and if the conditions required by the law are met, the driver’s license of the person concerned will be revoked for a certain period of time or indefinitely.
One of the reasons leading to the revocation of the driver’s license in the Law No. 2198 is the use of a vehicle under the influence of alcohol or drugs and stimulants. The legislator made a distinction here and determined the promil level of private vehicles to be 0.50 and the promil level of commercial vehicles to be 0.21. The purpose of this distinction is to ensure that these people drive almost without alcohol, as commercial vehicle users should be more careful than those who drive privately.
After providing general information about the issue, we will tell you about the official and authorized court where those who have received a driver’s license will apply against the relevant sanction.
It is possible that those who have had their driver’s license revoked as a result of carrying one of the conditions in the Law can appeal this administrative decision. The sanction for the revocation of the driver’s license is an administrative procedure by nature. For this reason, the action to be taken is to file a lawsuit for the cancellation of the administrative action in the administrative court. However, in the process that has developed throughout history, there has been a conflict of duty in the decisions made by the courts, and many administrative courts have rejected applications, stating that magistrates are authorized around the judicial jurisdiction in this regard. In the same way, the magistrates rejected the applications by showing that the administrative judiciary was in charge because the transaction was an administrative transaction.
After that, the issue was moved to the dispute courts. However, this has not been a solution either, the dispute courts have not been able to solve the task dispute problem that has arisen in practice by making different decisions on this issue.
In addition, the legislator made an amendment to Law No. 2198 in 2013 and amended Article 112 of the Law. Article 6 of this Law stipulates that “Except for the cases where the officials and traffic registration organizations listed in Article 6 of this Law are authorized, the magistrates’ courts decide on the revocation and cancellation of driver’s licenses.”he has solved the problem by adding the paragraph.
Thus, persons who have encountered the administrative sanction of revoking the driver’s license can appeal the decision by applying to the Magistrate’s Court of the place where the punishment against this sanction is organized with a petition.
