ANKARA ON DUTY ( ) CRIMINAL COURT OF PEACE
CANCELLATION OF TRAFFIC ADMINISTRATIVE FINE
OBJECTOR : A….. B….. (T.C.:………………)
ADDRESS
REPRESENTATIVE :
ADDRESS
SUBJECT OF OBJECTION
MINUTES :T.C. Ankara Motorway Bureau Office …/…./2021 Date, … Series, ………. Traffic Administrative Fine Decision Record with … TL Total Amount
DRAFTING OF MINUTES
DATE : …/…/…/…. time … : …
NOTIFICATION OF RECORD
DATE :../../….
SUBJECT OF OBJECTION : T.C. Ankara Motorway Bureau Office’s …/…./2021 Date, … Series, ………. It is our request for the cancellation of the fine written in the Traffic Administrative Fine Decision Record with Sequence Number.
EXPLANATIONS
Client A….. B…..’s 06 …. … licence plate vehicle belonging to …/../…. With the allegation of “exceeding speed limits from 10% to 30%” on the date ……. General Service Policeman with registration number B….. C….. has issued a Penalty Report (Annex-1) with the serial and sequence number written above. This report ../../../…. It was served to the client on …/./.
Since the report subject to the objection, which was issued in the absence of the client, was issued unfairly and irregularly on the basis of Article 51/2-a of the Highway Traffic Law, it has become necessary to submit our request for the cancellation of the report and the elimination of the fine to your Court’s discretion.
First of all, it should be noted that the aforementioned report does not have legal elements. It is not clearly stated where the alleged speed limit violation was committed; only the phrase “Batıkent …. Street entrance” was used as the location. According to the Highway Traffic Law, the type, date and place of the violation must be indicated accurately and completely in the penalty report to be issued.
.
The maximum maximum speed limit applied at the location of “Batıkent …. Street entrance”, which is shown as the place where the alleged speed limit violation occurred, is also not shown in the penalty report. In the minutes, only “exceeding the speed limit by 10% to 30%” was stated in the minutes; the maximum speed limit was not specified.
In addition, there is no video footage of the client’s vehicle exceeding the speed limit in the traffic fine report. It is an obligation that the video recordings of the violation of the speed limit must also be notified with the penalty report, and the said report is also in violation of the procedure in this respect. It is clear that the report subject to the objection was not issued in accordance with the law. The penalty imposed is unfounded and irregular.
In addition, there is no sign and warning sign at the entrance of the street where the speed limit violation was committed and before that, there is no sign and warning sign indicating that speed limit control is carried out at that place. According to the procedure and law, the warning that such a speed limit control will be carried out in a certain area should be shown with signs and warning signs before entering that area. The penalty report in question, which was issued in the absence of any warning, constitutes a violation of procedure and law in this respect.
.
As stated above, the speed limit in question was not violated by the client. The penalty report issued is unfair and irregular. The client has not violated any rule that would constitute a violation of the relevant provision of the KTK. Accordingly, we apply to your Court for the cancellation of the unfairly issued penalty report and the cancellation of the penalty.
LEGAL GROUNDS : TCC, CPC, Law on Attorneys and other relevant legislation
EVIDENCE : Ankara Traffic Supervision Branch Directorate Traffic Regulation and Supervision Bureau Office’s ../../…. Date and … Serial No., …….. Order Numbered Traffic Administrative Fine Decision Record (issued by Police Officer B… C…. with Registration Number ………), Photocopy of the licence, Expert report (If deemed necessary), Any other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1-Accept our justified OBJECTIONS against the action taken against the client,
2-Ankara Traffic Supervision Branch Directorate Traffic Regulation and Supervision Bureau ../../…. Date and … Serial No., …….. (issued by Police Officer B…. C…. with registration number ………) of the Traffic Administrative Fine Decision Record,
3-We request and demand that the penalty determined by the minutes be cancelled. 19/12/2021
A…. B…. Attorney
You can access our other article examples and petition examples by clicking here.