When the provisions of the eighth section of the Law No. 2918 on legal liability are evaluated together. The judicial jurisdiction has the jurisdiction to hear and resolve. The lawsuits filed against all vehicle owners and operators, including. Those filed against public administrations and institutions as vehicle operators. Due to accidents involving motor vehicles belonging to the State and other public institutions. However, since the services carried out by public administrations and institutions in order to ensure traffic safety and order, both in accordance. With their own establishment. Laws and the Highway Traffic Law No. 2918, have the characteristics of public service and the responsibilities of the public administrations and institutions assigned in the Law No. 2918 are not regulated separately; the trial and resolution of the lawsuits filed against. The relevant administrations with the request for compensation. For the damages alleged to have arisen from traffic order and safety services falls. Within the jurisdiction of the administrative jurisdiction.
As a result, the legal responsibility of the General Directorate of Highways arising. From the duties of the General Directorate of Highways. Which are determined in the establishment law and repeated. In the Law No. 2918, i.e. the public service it carries out in the form of road construction, maintenance, operation and ensuring traffic safety. Should be determined according to the principles and rules of administrative law. Therefore, the full judgement cases to be filed for this reason. Should be resolved in administrative jurisdiction. From the examination of the case file, it is understood. That the case under review on appeal. Was filed with the request for payment of the damage arising. From the incident alleged to have occurred on the highway under. The control of the defendant administration.
In this case, the dispute is not related to the legal responsibility. Of the vehicle operator in private law, but to keep the highways under constant maintenance. In a way to ensure their safe use, to have them maintained. To have them maintained, to have them repaired, to have them repaired. To operate, to have them operated, to have them operated, to clean them, to inspect them in accordance. With the Law No. 6001, The claim arises from the allegation. That the duties stipulated in the form of ensuring traffic safety and ensuring traffic. Safety are not fulfilled fully and completely, therefore, the services carried out are operated. Defectively and there is a service defect in the damage incurred, and accordingly. The trial and resolution of the case belongs to the administrative courts (Council of State 15. Chamber – Decision: 2015/1968).
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