Bill passed: New penalties introduced for traffic offenses
With the Bill on Amendments to the Highway Traffic Law, which was accepted by the TBMM Justice Commission, new regulations are being introduced to the Highway Traffic Law.
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Accordingly, the proper use of seat belts, protective helmets and goggles, child restraint systems, and other protective systems specified in the regulation will become mandatory for the safety of drivers and passengers while driving. Those who do not use protective systems in accordance with the rules will be considered as not having used a protective system at all.
The characteristics and quantities of the protective systems, as well as the vehicles in which they must be kept and used, the dates from which they are required, and the conditions for their use will be specified in the regulation.
It will be mandatory for passengers traveling in vehicles whose types and classes are specified in the regulation to be warned to fasten their seat belts before the vehicle moves and during the journey.
An administrative fine of 2,500 liras will be imposed on drivers and passengers who do not use seat belts in accordance with the rules.
If this rule is violated 4 or more times within 1 year from the date of the last violation, the driver's licenses of the drivers will be suspended for 30 days each time.
In order for the suspended driver's licenses to be returned, it will be required that all administrative fines issued under the Law have been collected.
An administrative fine of 2,500 liras will be imposed on drivers and passengers who do not wear protective helmets and goggles in accordance with the rules while driving. If this rule is violated for the 2nd time within 1 year from the date of the last violation, an administrative fine of 5,000 liras will be imposed, and for the 3rd and subsequent violations, an administrative fine of 10,000 liras will be imposed each time.
An administrative fine of 1,000 liras will be imposed on those who do not use other protective systems specified in the regulation in accordance with the rules, and on those who do not warn passengers traveling in vehicles whose types and classes are specified in the regulation to fasten their seat belts before the vehicle moves and during the journey.
Drivers and passengers in vehicles processed due to the failure to properly use seat belts, protective helmets, protective goggles, child restraint systems, and other protective systems specified in the regulation will not be allowed to continue on the highway without wearing/using the necessary protective systems.
Drivers will be required to ensure that children under the age of 15 use seat belts, protective helmets, protective goggles, child restraint systems, and other protective systems specified in the regulation in accordance with the rules. An administrative fine of 5,000 liras will be imposed on the vehicle driver who allows children under the age of 15 to travel without using protective systems or without ensuring they are used in accordance with the rules.
PRISON SENTENCES MAY BE IMPOSED ON DRIVERS WHO LEAVE THE SCENE
With the regulation, an administrative fine of 46,000 liras will be imposed on drivers who leave the scene of a traffic accident involving property damage, death, or injury without the permission of the police, except in cases of agreement or necessity, or who do not comply with the condition of not changing the situation at the scene of the accident, including evidence and traces that would be useful in determining responsibility, if the accident does not affect traffic, life, and property safety in cases where there are deaths, injuries, or property damage.
In traffic accidents involving death or injury, drivers who leave the scene without the permission of the police, except in cases of necessity, will be sentenced to imprisonment from 1 year to 3 years. The driver's licenses of drivers who leave the scene will be suspended by the relevant officials for 2 years. In order for driver's licenses suspended in this way to be returned, it will be required that all administrative fines issued have been collected.
With the bill, the legal liability of non-motorized vehicle and electric scooter drivers will be subject to general provisions. This provision will enter into force 3 months after the date of publication of the regulation.
For those who commit the written traffic offenses, a report will be prepared by the personnel of the General Directorate of Security and the General Command of the Gendarmerie, as well as the personnel authorized and assigned in the provincial and district organizations of the relevant units of the Ministry of Transport and Infrastructure and the General Directorate of Highways, within their respective jurisdictions.
Instead of the clear identity of the authorized and assigned personnel, their personnel identification number will be written on administrative fine decision reports and other reports.
Traffic fines can also be paid by credit card; the period for transferring collections made by credit card to the accounting accounts and the procedures and principles regarding the application will be determined by the Ministry of Treasury and Finance.
Administrative fines imposed on foreign nationals due to violations of traffic rules that cannot be collected until their departure from Turkey will be collected during the person's re-entry into the country. If they cannot be collected in this way, the foreigner will not be allowed to enter the country.
With the regulation, if it is determined through data kept ready for the inspection of general law enforcement forces that the vehicle with which the traffic rule violation was committed was rented on the date of the violation and there is an address suitable for notification, the administrative fine decision report can be issued and notified in the name of the renter, and the fine will be collected from the renter.
However, this will not eliminate the responsibilities and obligations of the carrier holding the rental authorization certificate.
INCREASE IN FINES FOR VEHICLES USED OUTSIDE THEIR REGISTRATION PURPOSE
With the bill, there is also an increase in the fines given if vehicles are used outside the purpose for which they are registered.
Accordingly, an administrative fine of 100,000 liras will be imposed on those who carry passengers without obtaining an operating permit/license from the relevant municipality, 46,000 liras on those who carry passengers outside the scope of activity specified in the permit/license obtained, and 20,000 liras on those who use their vehicles outside the purpose shown in the motor vehicle registration certificate and the vehicle owners who allow them to be driven.
In addition, the driver's licenses of drivers processed for carrying passengers without obtaining an operating permit/license will be suspended for 30 days.
If this is violated again within 1 year from the date of the last violation, administrative fines will be applied as double. In order for the suspended driver's licenses to be returned, it will be required that all administrative fines have been collected.
With the regulation, it will be prohibited to publicly disseminate and praise images that encourage traffic rule violations by sharing them through press, broadcasting, internet, social and digital media, or other electronic devices, which is an act prohibited by the relevant Law by linking it to administrative sanctions. Those who do not comply with this will be given an administrative fine of 25,000 liras.
For vehicles that did not have a mandatory tachograph requirement before the date of publication of the regulation but are made mandatory by the bill, the obligation to have and use a tachograph will not be sought until the first vehicle inspection after December 31, 2026, for 2021 and newer model vehicles; December 31, 2027, for 2016-2020 model vehicles; December 31, 2028, for 2011-2015 model vehicles; December 31, 2029, for 1996-2010 model vehicles; and December 31, 2030, for 1985-1995 model vehicles.
The obligation to have and use a tachograph for commercial vehicles used for passenger transport within the scope of the Metropolitan Municipality Law and the Municipality Law, and for official vehicles used in freight and passenger transport, will not be sought for 1 year from the date this provision enters into force for vehicles to be registered for the first time.
All provisions of the bill, except for the excepted articles, will enter into force 2 months after the date of publication of the regulation.