Petition For Appeal Against Administrative Sanction Of Driver’s License Revocation
XXXXXX CRIMINAL COURT OF PEACE ON DUTY
MUTERIZED : XXXXXXXXX, T.C.: XXXXXXXXXX
ADDRESS :
REPRESENTATIVE : (if any)
ADDRESS : (if available)
APPEAL AGAINST THE DECISION
CONTACT PERSON : ….. Traffic Control Bureau
ADDRESS :
SUBJECT : Our objections to the traffic administrative fine report dated 03/07/2021 and numbered XX Serial XXXXXX and the driver’s license withdrawal report numbered XXXXXX of the ….. traffic supervision bureau chief.
EXPLANATIONS
Our client is a German citizen and came to XXXX for vacation. On 03/07/2021, he consumed some alcohol while watching a match in a restaurant. After the match, he got into his XXXXXX license plate vehicle, which he had rented from a car rental company, to return to his accommodation.
While the client was returning to his accommodation, he was stopped by police officers at the routine traffic control point of XXXX Street by the XXX Traffic Supervision Bureau and was subjected to an inspection by conducting an alcohol examination.
The blood alcohol content of the client, who blew into the breathalyzer by assisting the police officers as required, was measured as 0.24 Promil. Thereupon, without even checking the license (Annex-1) of the vehicle rented and used by the client, his driver’s license and identity card were taken away in a hurry and an administrative fine report dated 03/07/2021, serial number XX and sequence number XXXXXX (Annex-2) and a driver’s license revocation report dated 03/07/2021 and number XXXXX (Annex-3) were issued to him. The relevant fine was paid by the client in order to benefit from the legal discount for early payment.
When the driver’s license revocation report dated 03/07/2021 and numbered XXXXX was examined, the purpose of use of the vehicle was written as “Private” in the report issued. When the vehicle’s license is examined, the purpose of use is registered as “Private” according to the official license of the vehicle.
Article 48/5 of the Highway Traffic Law No. 2918 stipulates that “Drivers who are found to be driving under the influence of alcohol above 0.50 promillin, even if the act constitutes a crime, shall be imposed an administrative fine of 700 Turkish Liras and their driving license shall be revoked for six months. For drivers who drive vehicles other than private cars under the influence of alcohol, the lower limit of promile is applied as 0.21…”, the legislator has regulated the level of the permitted promile amount according to the type of vehicle.
According to this regulation, if the purpose of use of the relevant vehicle is “Private” without belonging to a real or legal person in the license, it is determined as 0.50 promil and if it is “Commercial”, it is determined as 0.21 promil. With this regulation, it is aimed that drivers of commercial vehicles such as trucks, vans, taxis, minibuses, minibuses, buses, minibuses, etc. should be more careful than drivers of private vehicles due to their activities and restrict themselves even more in terms of alcohol intake.
In the incident experienced by the client, although the vehicle is registered on the legal entity company, according to the registration certificate license, the vehicle in the use of the client is allocated and registered for “PRIVATE” use. The vehicle used by the client is Fiat Brand Fiorino Model. Although the relevant vehicle seems to have been produced for use in commercial works with its appearance and intended use, the legislation of our country allows such vehicles to be registered as “PRIVATE”, not “COMMERCIAL”, by depositing the necessary fees while registering the vehicle license. In fact, the vehicle used by the client is a vehicle registered as “PRIVATE” in exactly this way.
However, the police officers in charge were prejudiced only by the appearance of the vehicle without looking at the license, and used the purpose of the law, which they justified in the report they issued, against the procedure and the law. Because, if the necessary controls were carried out in accordance with the law, it would be clearly understood from the mandatory provisions of the law that the vehicle rented and used by the client is registered as “PRIVATE”, for this reason, the legal alcohol limit allowed by law in such vehicles is 0.50 promil, therefore, no administrative sanction can be imposed on the client on the grounds of 0.24 promil.
As a matter of fact, Istanbul Regional Administrative Court 8th Administrative Case Chamber 2018/752 E. 2018/1004 K. and 30/05/2018 T. In its jurisprudence with the tag “in the lawsuit filed with the request for the cancellation of the transaction; Although the type is a minibus, it has not been determined that the vehicle registered as “private” is registered in the assets of a commercial enterprise or used for commercial purposes without determining that it is registered in a commercial enterprise asset or used for commercial purposes, there is no conformity to the law in the transactions subject to the lawsuit established on the basis of the legislation that should be applied for commercial vehicles just because it is a minibus…” and clearly stated that administrative sanctions contrary to the law cannot be imposed just by looking at the external appearance of the vehicle.
Regarding the issue of jurisdiction, although the Criminal Judgeships of Peace within the Courts of Justice are authorized for objections against traffic administrative fines, in our legal system, there were different decisions of the courts of dispute on different dates in the lawsuits / appeals filed for the cancellation of the driver’s license revocation process and there was no consensus. However, with the amendment made by the legislator to Article 112 of the 2918 S.K. (AMENDED ARTICLE RGT: 02.08.2013 RG NO: 28726 LAW NO: 6495/20 2918), “criminal courts of peace decide on the revocation and cancellation of driver’s licenses.” has clearly determined that the Criminal Courts of Peace are authorized in this matter and put an end to the discussions on this issue.
CONCLUSION and REQUEST
For the reasons explained above and to be taken into consideration ex officio,
Annulment of the traffic administrative fine dated 03/07/2021 and numbered XXX Serial XXXX Sequence numbered traffic administrative fine issued by the Alanya traffic supervision bureau, which was issued against the procedure and law against the client, and the refund of the amount of the fine paid by the client,
Annulment of the administrative sanction of revoking the driver’s license dated 03/07/2021 and numbered XXXX issued by the Alanya traffic supervision bureau about the client and the return of the confiscated driver’s license belonging to the client,
To charge the other party with the legal fees and expenses of the proceedings,
We jointly request and demand a decision. 08/07/2021
Appellant Representatives
Atty. XXXXX
Evidence – Annexes:
1-) Photocopy of the license plate of the vehicle with the license plate XXXXX
2-)Photocopy of the traffic administrative fine report dated 03/07/2021 and numbered XX Series XXXXXX Sequence
3-) Photocopy of the driver’s license withdrawal report dated 03/07/2021 and numbered XXXXX
4-) Power of attorney and its annexes.
5-) Traffic administrative fine payment receipt (Subpoena Requested.)
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