One of the most common problems today is traffic fines that are unjustly deducted. The deduction of a Traffic Ticket can be in 2 different ways;
Punishment by the police
Punishment that is commuted in absentia, punishment that is written on the plate in public
Traffic fines are the enforcement power that law enforcement agencies apply on behalf of the state when inspecting the safety of highways so that traffic can operate more safely and conveniently. It takes place in the form of traffic police officers stopping at designated points of highways at practice locations, tracking from mobile phones and radar devices. As a result of these inspections, penalties are imposed on people who violate the rules. Especially with the increase of electronic controls, traffic controls have become much more stringent. In this case, the appeal against traffic fines can be made directly to the court, as well as through the e-government.
HOW TO FIND OUT THE FINE ?
Persons can find out by notification of the fine imposed on them. In addition, fines imposed on individuals can be learned via the Internet using the websites of EGM, PTT, E-government or the Revenue Administration.
WHEN IS A TRAFFIC TICKET APPEALED ?
The status of a traffic ticket appeal may also differ depending on the type of penalty being served. If the traffic ticket is issued in absentia, that is, if it is issued on a license plate, the appeal period for a traffic ticket begins from the date of notification of the penalty to the relevant person. In cases where the traffic police cuts the fine against the person concerned, which is another form of penalty deduction, the traffic penalty appeal period begins to operate on the same day.
An appeal against a traffic ticket is a matter regulated by Law. In accordance with Article 27 of the Code of Misdemeanors, a person who has been fined for a traffic ticket has the right to appeal within 15 days for the current fine. If a person does not file an appeal within this specified period, the current penalty will be finalized.
The address to which the penalty to be notified will be sent is the address where the vehicle’s license is registered. If there is no interested person at the address, a notification document of a notifying nature is hung on the door and the document is delivered to the headman. The 15-day period during which the punishment will be appealed starts from the moment it is handed over to the headman. In both cases where the sentence is reduced, if the appeal does not take place within the time limit, the punishment will be finalized.
HOW TO APPEAL A TRAFFIC TICKET ?
When appealing a traffic ticket, some documents must be kept both in the appeal that will be made through the court and in the appeal that will be made through the e-government. No fee will be charged to the applicant during the appeal. But if the court considers the appeal unfair and rejects it, then the court will be able to rule on the receipt of costs from the applicant. That is why it is important to file an appeal through a lawyer.
The appeal process will be started by submitting a Petition to Appeal a Traffic Ticket written for an appeal to a court within a 15-day period or by submitting an appeal via an e-government.
WHAT ARE THE DOCUMENTS REQUIRED FOR THE APPEAL?
In the Regulation on Amendments to the Regulation On Procedures And Principles to Be Applied in the Collection And Follow-Up of Administrative Fines Applied in Accordance With the Provisions of the Road Traffic Code, As Well As On Receipts, Minutes And Books To Be Used, the application path is described as follows:
“Application form
ARTICLE 16 – (1) A Traffic Administrative Fine may be appealed against in the Minutes of the Decision to the magistrate’s court no later than 15 (fifteen) days from the date of notification of the decision. If the application is not submitted within this period, the administrative fine is finalized”.
Citizens have the right to appeal within 15 days from the date of the cut in fines read to the face, and within 10 working days from the date notified to the person in fines written on the plate. The documents required to appeal against a traffic administrative fine are established by law:
The following documents should be included in the petition and the annex to the case written to the Magistrate’s Office October;
-Photocopy of the Traffic Administrative Fine Decision Minutes Notification,
-Photocopy of the Traffic Administrative Fine Decision Minutes,
-Photocopy of the license certificate for the vehicle with a traffic ticket,
-Photocopy of the driver’s license and identity card of the car owner,
-Bank statement of payment if a penalty payment has been made
After the application, the court decides in the light of the information contained in the petition without a hearing. But in some extraordinary cases, the court may call on a certain day and time to listen to the parties. If they wish, the lawyers of the parties can also be present in the hall during the hearing. The positive or negative result of the decision is sent to the persons by notification.
AN EXAMPLE OF A TRAFFIC FINE APPEAL PETITION
……..TO THE MAGISTRATE
(The name of the magistrate’s court where the place of the traffic violation is connected will be written here)
OBJECTOR: TC Identification Number and Explicit Identification Information name surname name father name etc. and the address information should be written.
DATE OF ISSUANCE OF THE MINUTES SUBJECT TO APPEAL:../../20..
DATE OF NOTIFICATION OF THE MINUTES SUBJECT TO APPEAL:../…/20..
SUBJECT OF APPEAL : Place of Crime (Eg: Artvin)Traffic control branch directorate, …..Headquarters …. date ….. serial,….next no.lu it is about the cancellation of the fine, which is written in the traffic ticket minutes.
Is aciklamalala :
1- A private car registered on the registration plate 08 XX 111; The Traffic Code of Highways ….according to the provision of article “….” it is presented in the appendix, which was october in absentia on the grounds that his crime was committed../../20..dated, total….. TL. a paid traffic ticket report has been prepared, ../../20.. it has been communicated to me.
2- Traffic penalty minutes, the information of which is written above, according to the registration plate of my vehicle../../20… arranged in absentia on the date and after months by my side, that is../../20.. it has been communicated in its history.
10 of the regulation on ”Principles and procedures to be applied in the collection and follow-up of traffic fines and documents to be used“ entitled ”Transactions to be made for minutes issued according to the registration plate”. the substance;
“Article 116 of the road traffic code. in accordance with the provisions of the article,
according to the registration plate within the limits of the authority of the officials
edited minutes;
a) The owner or operator of the vehicle is determined according to the archival records from the organization in which the vehicle is registered (if more than one is in the first place), the remaining empty places of the minutes are filled out and the relevant person is notified in accordance with the provisions of the notification law No. 7201, and a copy of the minutes is sent to the relevant goods chest for tracking and collection. The notification process is started within 10(ten) business days. In the notification made, it is stated that they can appeal to the competent court within 15 (fifteen) days from the date of notification for the penalties imposed in this way. The appeal stops the payment and the period associated with the payment. However, decisions made on appeal are final. He is in charge of his judgment.
In accordance with the provision of this article, it is necessary to start the process of notifying the addressee, that is, me, of the traffic penalty minutes issued within 10 days.
Dec, as will be seen in the october minutes, there is a long time between the date of the alleged violation of the rules and the date of notification. It is obvious that the notification was not made in accordance with the relevant regulation. Report../../20.. it is organized on the date and at the latest of notification transactions in accordance with the provision of the open regulation../../20.. until the date (10th after the date of issuance of the minutes). 1) while it should have been done, it would be contrary to the procedure and the law for the minutes to be communicated to me months later.
3- On the other hand, the punishment mentioned in the minutes of “…………..” his crime was not committed by me. Although the date of the minutes is many months ago, my right of defense arising from the Constitution is also restricted. The notification made in violation of the said regulation has been made within a period that will also eliminate my justifications for objecting to it.
Therefore, the regulation in question is 10/A.taking into account Article b, it is necessary to decide on the cancellation of the fine written in the traffic record of the subject of the appeal, which is notified in violation of the law. Regarding this issue, Istanbul 3. The Magistrate’s Court
dated 22.05.2006, 2006/129 d.business, 2006/129k. No.lu the decision made from his file and october I have submitted in the appendix is also in accordance with my objections.
CONCLUSION AND DEMAND: For the reasons that I have tried to explain above, I sincerely ask and demand that the decision be made to cancel the fine written in the traffic penalty report issued in violation of the law upon the acceptance of my appeal. ../../2015
THE OBJECTOR
Name and Surname
Signature
A
dditionals :
1 – traffic monitoring objections to the branch …… headquarters …. history
….series,… series no.lu a photocopy of the traffic ticket report.
2- ….. two copies of the license plates belonging to my vehicle with license plates.
3-In relation to this issue ..3. The Magistrate’s Court
dated 22.05.2006, 2006/129 d.business, 2006/129k. No.lu the Decision was made from his file.
4- Copy of the identity card.
Appeal Against Traffic Ticket – Petition Sample