………… DISTRICT POLICE DIRECTORATE
TRAFFIC REGISTRATION BRANCH DIRECTORATE
…………..
SUBJECT : As a result of the application for a driving licence in relation to my client …………., since all the conditions for obtaining a driving licence are present, it is about the request to issue and issue the driving licence on behalf of my client, taking into account the relevant documents and legal regulations.
ABOUT THE REQUEST
CONTACT :
REPRESENTATIVE :
EXPLANATIONS
1- My client ………, like every citizen, applied for a driving licence and applied to the Course Directorate ……… and as a result of the course he took, he successfully completed the course and ………. Course Directorate on 22.10.2002, he was entitled to receive a Motor Vehicle Driver’s Certificate.
2- My client made his application later due to some problems he had judicially in addition to the health problems he had experienced later.
3- ………. As it can be understood from the document attached to my client’s application to the Traffic Registration Branch Directorate to obtain a driving licence, …….. 4. The application was rejected due to the fact that a penalty was assigned in accordance with Article 404/2 in the 2nd paragraph of the reasoned decision of the 4th Assize Court’s judgement numbered ……. main …….. decision.
4- However, as it is known; the amended subparagraph e of Article 41 of the Highway Traffic Law No. 2918 is regulated as follows.
According to the relevant regulation, which has the title of having attended the driving course and having obtained a certificate by passing the exams;
“e-) Amended: 17.10.2996- 4199/8 Art.) conditions of not being convicted:
Not having been convicted of more than two offences under Articles 403, 404 and 572/2-3 of the Turkish Penal Code, Articles 28 and 29 of the Law No. 1918 on the Prevention and Suppression of Smuggling, Article 12, paragraph 3 and the following paragraphs of the Law No. 6136 on Firearms and Knives”, my client has been sentenced once under Articles 403, 404 of the former Turkish Penal Code No. 765. As can be understood from the clear text of the article, the law limits the condition of not being granted a driving licence in case of more than two convictions. However, my client has been sentenced once under the said articles.
Moreover, my client has been sentenced for this offence in accordance with the relevant provisions of the Law No. 5237, and the sentence imposed on him has been subjected to a supervised release measure in accordance with Articles 191/2-3-4 of the new Turkish Penal Code, and he completed this period on 21.09.2008 without interrupting his treatments.
In addition, the relevant provisions of the Law No. 2918 under the title of “revocation and restoration of driving licences” due to the offences committed are regulated as follows.
In this context
“Article; 119 (Amended first paragraph: 17.10.1996- 4198/38 Art.) driving licences are withdrawn indefinitely in case of conviction for one of the offences written in subparagraph (e) of Article 41 of this law after the document is obtained”, as can be understood from the content of the article, this article is absolutely not possible to be applied to my client according to the content of the regulation of Article 41/e of the Law No. 2918.
a-) Considering all of these explanations; the texts of the laws regarding the legal regulations we have presented in the annex, taking into account all the documents belonging to my client, not to cause further victimisation of the client and to issue a driving licence for him, taking into account the content of the relevant legal regulations,
b-) Otherwise, we will initiate the Administrative Judgement process,
I hereby request a response within 15 days from the date of receipt of this petition to your directorate within the framework of the Law on Access to Information and the Law on Attorneys.
Best regards, 02.12.2008
Deputy
E K L E R :
1- Court Decision,
2- Motor Vehicle Driver Certificate,
3- Course Documents,
4- Criminal Record,
5- ……….C.Chief Public Prosecutor’s Office notification and notification document dated 22.09.2008
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