… TO THE DUTY PEACE COURT JUDGE
ADMINISTRATIVE SANCTION
APPEALING PARTY:
ADMINISTRATIVE SANCTION
DECISION-MAKING PARTY:
DATE OF PREPARATION OF THE RECORD SUBJECT TO APPEAL:
DATE OF RECEIPT OF THE RECORD SUBJECT TO APPEAL:
SUBJECT OF APPEAL:
ADMINISTRATIVE SANCTION: This appeal consists of submitting our petition against the administrative sanction decision numbered …/… in the …/… Misdemeanor Register of the İzmir Misdemeanor Bureau of the Republic of Turkey … Public Prosecutor’s Office.
OUR EXPLANATIONS
The administrative fine imposed on my client is contrary to the law and it is not possible to accept the penalty. Specifically;
1-) The private motorcycle registered with the … registration plate; On …/…/…, my client was stopped by traffic police on … Street and issued a traffic fine notice dated …/…/… totaling … TL, based on Article 47/1B of the Highway Traffic Law No. 2918, for the offense of “Failure to Comply with Traffic Signs”. Additionally, a separate offense report, serial number …, was issued against my client based on Article 39/1A of Law No. 2918.
2) My client paid the traffic fine on …/…/… to the … Vehicle Tax Office of the … Tax Office of the Ministry of Finance of the Republic of Turkey, with receipt number …. A copy of the payment receipt is attached.
2) 3) Subsequently, the Republic of Turkey Public Prosecutor’s Office, … Misdemeanors Bureau, issued an administrative fine of … TL on …/…/… for the offense of “Driving with an Insufficient License,” with case number …/… and decision number …/… The said decision was received on …/…/…
4) Article 39/1A of the Highway Traffic Law No. 2918, which is cited as the legal basis for the administrative fine, is as follows:
“Principles Regarding Driver’s Licenses
Article 39 – The principles regarding driver’s licenses are as follows;
a) Authority to drive vehicles;
A1, F, G and H driver’s licenses allow only driving vehicles in their respective classes,
A2 class driver’s license allows driving A1,
B class driver’s license allows driving F,
C class driver’s license allows driving B and F,
D class driver’s license allows driving C, B, and F,
(AMENDED SUB-PARAGRAPH RGT: 27.10.1996 RG NO: 22800 LAW NO: 4199/17)
E class driver’s license allows driving vehicles used with B, C and F class driver’s licenses.
5-) The fines to be imposed as a result of violations made based on Article 39/1A of the Highway Traffic Law No. 2918, by reference to Article 36 of the same law, are … TL as of … year, within the framework of the revaluation rate. Therefore, the aforementioned administrative fine of … TL issued in the name of my client is… The amount of the penalty is considerably higher than the legal limit and lacks legal basis. Because when the traffic fines issued in … year are examined, it will be seen that … TL does not correspond to any legal sanction.
6-) Therefore, taking into account Article 39/1A of the said law, it is necessary to decide on the cancellation of the fine written in the traffic report, which was issued and served in violation of the law.
LEGAL GROUNDS: Law No. 2918, Articles 36, 39, 47.
CONCLUSION AND REQUEST: For the reasons we have tried to present and explain above; we respectfully request that your esteemed court accept our objection, cancel the …-YTL administrative fine issued in violation of the law, and order the defendant to bear the court costs. …/…/…
Attorney for the Objecting Party
Attorney
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