Critical change in traffic fine appeals: That fee is no longer applicable

A change has been made to the regulation regarding attorney fees applied in cases filed against administrative sanctions such as traffic fines. The Union of Turkish Bar Associations has made a wording change to a clause in the minimum attorney fee schedule. As it is considered that the number of lawsuits filed against administrative fines may increase following the rise in traffic fines, the change is significant in this respect.

NEW REGULATION FOR CRIMINAL JUDGESHIPS OF PEACE

The Bar Association has reorganized the attorney fee schedule to be applied in cases filed at criminal judgeships of peace.

According to the new regulation, the practice of awarding attorney fees even if the case is rejected in applications such as the cancellation of a traffic fine has been abolished. Accordingly, no attorney fee will arise in the event of a rejection of the application.

The change published in the Official Gazette included the following statements:

"In applications such as denials, removal of internet publication content, and objections to administrative fines heard in criminal judgeships of peace, upon the acceptance of the application or the overturning of the decision upon an objection to the judgeship's ruling, attorney fees shall be awarded as provided for the work in the first item of the first section of the second part, depending on whether the case is heard with or without a hearing. However, if the amount of the administrative fine subject to the application is below the fixed fee provided for the work in the first item of the first section of this tariff, an attorney fee equal to the amount of the administrative fine shall be awarded.”

WHAT WAS IN THE OLD REGULATION?

The tariff in effect before the change stated that attorney fees would be awarded even if the application was rejected. The old version of the clause was as follows:

“In applications such as denials, removal of internet publication content, and objections to administrative fines heard in criminal judgeships of peace, upon the rejection or acceptance of the application, or the overturning of the decision upon an objection to the judgeship's ruling, attorney fees shall be awarded as provided for the work in the first item of the first section of the second part, depending on whether the case is heard with or without a hearing. However, if the amount of the administrative fine subject to the application is below the fixed fee provided for the work in the first item of the first section of this Tariff, an attorney fee equal to the amount of the administrative fine shall be awarded.”

CURRENT PRACTICE IN FEE CALCULATION CONTINUES

The new regulation did not change another practice regarding cases heard in criminal judgeships of peace. Accordingly, if the amount of the administrative fine subject to the lawsuit is below the attorney fee determined in the tariff, the attorney fee to be awarded is equal to the fine amount.

NEW SYSTEM WITH EXAMPLES

Within the scope of the regulation, if an application is made to a criminal judgeship of peace against a 4 thousand lira traffic fine and the case is won, the judge will award an attorney fee equal to this amount, i.e., 4 thousand lira.

According to the tariff, the attorney fee determined for such cases is applied as 18 thousand lira. However, being represented by an attorney by the parties stands out as a condition for awarding attorney fees.

On the other hand, for example, in the event that an objection is made to a 140 thousand lira APP license plate fine and the case is won, this time the fixed fee in the tariff, i.e., 18 thousand lira, will be determined as the attorney fee.

News Source: 12punto