ANNEX 2 TO THE HIGHWAY TRAFFIC LAW NO. 2918
ANNEX 2 TO THE HIGHWAY TRAFFIC LAW NO. 2918
USE OF VEHICLES FOR PURPOSES OTHER THAN THOSE FOR WHICH THEY WERE REGISTERED
As indicated by the heading of the second supplementary article of the aforementioned law, it stipulates the penalties for using vehicles for purposes other than those for which they were registered. The intended use of vehicles is specified in their motor vehicle registration certificates. Accordingly, using vehicles for purposes other than those stated in their registration certificates is punishable by an administrative fine of 1,002 Turkish Lira. Here, the fine is imposed not only on the vehicle driver but also on the vehicle owners who authorized the driver. Additionally, a vehicle used for a purpose other than its registered one is suspended from traffic for a period of fifteen days. These points are addressed in the first and second paragraphs of this legal provision.
The third paragraph of the relevant article of the law contains a provision under the Metropolitan Municipality Law No. 5216 dated July 10, 2004, and the Municipality Law No. 5393 dated July 3, 2005. Accordingly, it is prohibited to transport passengers within the boundaries designated by the municipality without obtaining a work permit and/or operating license from the relevant municipality, or to engage in activities outside the scope specified in the issued permit and/or license, or to operate outside the designated work area (i.e., route) specified in the issued permit and/or license.
An administrative fine of 5,010 Turkish Lira is imposed on individuals who violate the ban on passenger transportation within the boundaries designated by the municipality without obtaining a work permit and/or a work license. Individuals who violate the passenger transport ban within the boundaries established by the municipality for activities other than those specified in the obtained permit and/or license are subject to an administrative fine of 2,018 Turkish Liras. Individuals who violate the passenger transport ban within the boundaries established by the municipality outside the designated operating area (i.e., route) specified in the obtained permit and/or license are subject to an administrative fine of 1,002 Turkish Liras. If the aforementioned prohibitions are violated again within one year of the initial violation: individuals who violate the ban on passenger transportation within the boundaries designated by the municipality without a work permit and/or license are subject to a fine of 10,020 Turkish Liras, those who violate the ban on passenger transport within the boundaries designated by the municipality outside the scope of activities specified in the obtained permit and/or license will be fined 4,036 Turkish Liras, and those who violate the passenger transport ban within the boundaries designated by the municipality outside the designated operating area (i.e., route) specified in the obtained permit and/or license will be subject to a fine of 2,004 Turkish Liras.
The operator or owner of the vehicle is required to ensure that the vehicle does not violate the provisions mentioned above, to take the necessary precautions, and to verify compliance with those precautions. When the operator or owner of the vehicle is verifying whether the aforementioned provisions have been violated, taking the necessary measures, and monitoring compliance with such measures, it is not necessary for them to be the driver of the vehicle.
Any vehicle that violates the ban on passenger transport within the boundaries designated by the municipality without obtaining a work permit and/or operating license shall be suspended from traffic for a period of sixty days. Any vehicle that violates the ban on passenger transport within the boundaries designated by the municipality for purposes other than those specified in the obtained permit and/or operating license shall be suspended from traffic for a period of thirty days. Any vehicle that violates the passenger transport ban within the boundaries established by the municipality outside the work area or route specified in the obtained permit and/or license shall also be suspended from traffic for fifteen days.
An administrative fine of 1,002 Turkish Lira will be imposed on individuals who continue to transport passengers within the boundaries designated by the municipality after the expiration of the work permit and/or operating license issued for this purpose. Additionally, the vehicle will be suspended from traffic until the work permit and/or operating license is renewed, or until the deficiency is rectified.
The method of payment for the fines mentioned above is regulated by the Highway Traffic Regulations. Accordingly, payments may be made to PTT (Turkish Postal Service), tax offices, relevant banks, and accounting units under the Ministry of Finance, all of which are designated by the Revenue Administration of the Ministry of Finance.
Finally, individuals have the right to appeal the fines mentioned above. Accordingly, they may file an appeal in person at the magistrate’s court with jurisdiction over the location where the traffic fine was issued.