Competent And Authorized Court For Appealing The Sanction Of Driver’s License Revocation
The administrative sanction of revocation of the driver’s license is an administrative sanction regulated in the Road Traffic Law No. 2198 and is the revocation of the driver’s license of the person concerned for a certain period of time or indefinitely in case the conditions sought by the law are met.
Under Law No. 2198, one of the reasons for the revocation of a driver’s license is driving under the influence of alcohol or drugs and stimulants. The legislator made a distinction here and set the promile level for private vehicles at 0.50 and the promile level for commercial vehicles at 0.21. The purpose of this distinction is to ensure that those who drive commercial vehicles drive almost without drinking alcohol, as they need to be more careful than those who drive privately.
After giving general information on the subject, we will explain the competent court of jurisdiction for those whose driver’s license has been revoked to apply against the relevant sanction.
It is possible for those whose driver’s license is revoked as a result of meeting one of the conditions in the Law to appeal this administrative decision. The sanction of driver’s license revocation is an administrative action. For this reason, the action to be taken is to file a lawsuit for the annulment of the administrative action before the administrative court. However, in the process that has developed throughout history, a conflict of jurisdiction has arisen in the decisions made by the courts and many administrative courts have rejected the applications by determining that the criminal judgeships of peace are authorized in the judicial jurisdiction. Likewise, the criminal judgeships of peace rejected the applications by stating that the administrative jurisdiction was competent since the procedure was an administrative procedure.
The matter was then referred to the dispute courts. However, this was not a solution either, and the dispute courts could not resolve the problem of conflict of jurisdiction that arose in practice by issuing different decisions on this issue.
Thereupon, with the amendment made to the Law No. 2198 in 2013, the legislator brought a solution to the problem by adding a paragraph to Article 112 of the Law: “Except for the cases where the officers listed in Article 6 of this Law and traffic registration institutions are authorized, criminal courts of peace shall decide on the revocation and cancellation of driver’s licenses.”
Thus, persons who face the administrative sanction of revocation of their driver’s license may appeal against this sanction by applying with a petition to the Criminal Court of Peace where the penalty was issued.
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