Amendment to the Traffic Administrative Fines Regulation

Amendment to the Regulation on Traffic Administrative Fines: Amendment of the Regulation on the Procedures and Principles to be Applied in the Collection and Follow-up of Administrative Fines Applied in accordance with the provisions of the Highways Traffic Law and the Amendments to the Regulation on Receipts, Minutes and Books to be Used
4 April 2014 CUMA
Official newspaper
Number: 28962
REGULATIONS
From the Ministry of Interior:
HIGHWAYS APPLIED UNDER TRAFFIC LAW PROVISIONS
ADMINISTRATIVE MONETARY PENALTIES
PROCEEDINGS, PROCEDURES AND
CHANGES IN REGULATIONS REGARDING BOOKS
REGULATION
ARTICLE 1 - The name of the Regulation on the Procedures and Principles to be Applied in the Collection and Follow-up of the Administrative Fines Imposed in Accordance with the Provisions of the Highways Traffic Law, and the Receipts, Minutes and Books to be Used, published in the Official Gazette dated 6/4/2011 and numbered 27897, Regulation on the Procedures and Principles to be Applied in its Regulation, Collection and Follow-up ”.
ARTICLE 2 - Article 1 of the same Regulation has been amended as follows.
“ARTICLE 1 - (1) The purpose of this Regulation is to determine the form, content, procurement and usage principles of the Dispatch to the Administrative Supervisor and the Traffic Administrative Monetary Penalty Decision to be drawn up for those who act contrary to the provisions of the Highway Traffic Law dated 13/10/1983 and numbered 2918; the procedures and principles to be applied in the collection and follow-up of fines; The personnel of the General Directorate of Security and the General Command of Gendarmerie and the relevant units of the Ministry of Transport, Maritime Affairs and Communications and the General Directorate of Highways, who are assigned and authorized in the central, regional provincial and district organizations, have the qualifications, authorization limits, in which cases which documents and reports they will prepare, coordination and to determine the principles of cooperation. "
ARTICLE 3 - Items (a) and (b) of the first paragraph of Article 2 of the same Regulation have been amended as follows, paragraph (c) has been repealed, the phrase "or put under protection" to come after the phrase "prohibited" in paragraph (f) has been added.
"A) The form, content, procurement and usage principles, collection and follow-up of the Minute of Referral to the Administrative Supervisor and the Minute of Traffic Administrative Fine,
b) Who are authorized to issue a Dispatch Record to the Administrative Supervisor and Traffic Administrative Fine Decision Report in what circumstances, "
ARTICLE 4 - Items (d) and (f) of the first paragraph of Article 4 of the same Regulation have been repealed, paragraphs (b) and (ğ) have been amended as follows, and the following paragraph (h) has been added to the paragraph.
"B) Referral Record to Local Authority: The report drawn up by the authorities in order to determine the misdemeanors stipulated in the Highways Traffic Law and authorized to make decisions,"
“Ğ) Ministry of Transport, Maritime Affairs and Communications: Personnel assigned and authorized in the relevant departments of the Ministry of Transport, Maritime Affairs and Communications to take action due to misdemeanor, in accordance with the provisions of the Highways Traffic Law,
h) Authorized personnel: The official who is authorized to receive and deliver the traffic administrative fines decision reports against the acts stipulated in the Law No. 2918 and the reports of dispatch to the civilian authority from the relevant unit of the Ministry of Finance, "
ARTICLE 5 - The title of the second part of the same Regulation has been changed as follows.
"The Form, Content and Printing of the Minutes of Dispatch to the Administrative Supervisor, the Minutes of Preventing / Detaining the Vehicle from Traffic, the Minute of the Driver's License and the Decision of the Traffic Administrative Fine, Those Authorized to Issue the Minutes, the Procedures and Principles of the Preparation of the Minutes"
ARTICLE 6 - Article 5 of the same Regulation has been amended with its title as follows.
"The form, content and printing of the minutes to be prepared
ARTICLE 5 - (1) The form and content of the Traffic Administrative Fine Decision Report (Annex-1), the form and content of the Traffic Administrative Fine Decision Report issued electronically (Annex-2) and (Annex-3), The form and content of the Transfer to the Supervisor Record is stated in (Annex-4), the form and content of the Transfer to the Administrative Authority Report issued electronically (Annex-5), the shape and content of the Notification Envelope from Mazbata (Annex-6). The shape and content of the Retaining Record is shown in (Annex-7), and the shape and content of the Temporary Driver's License Withdrawal Record is shown in (Annex-8).
(2) The Minutes of Dispatch to the Administrative Supervisor and the Minute of the Traffic Administrative Fine Decision are printed by the Ministry of Finance and sent to the unit or institution to be determined by the Ministry of Finance to be distributed to authorized organizations. The minutes specified in this Regulation can also be produced and edited electronically. Other procedures and principles regarding this are determined jointly by the Ministry of Interior and Finance. "
ARTICLE 7 - The title of Article 6 of the same Regulation has been changed as "Those authorized to issue minutes", the phrase "Receipts and minutes" in the first paragraph as "Minutes" and paragraph (c) of the same paragraph as follows.
"C) The authorized personnel of the Ministry of Transport, Maritime Affairs and Communications and the relevant units of the General Directorate of Highways in the central, regional, provincial and district organizations,"
ARTICLE 8 - Article 7 of the same Regulation has been amended with its title as follows.
"Procedures and principles regarding the receipt of the minutes and the transactions to be made by the units
ARTICLE 7- (1) According to 6 of this Regulation; authorized personnel are given sufficient number of Traffic Administrative Fines Decisions to be given as new taxpayers.
(2) by the personnel specified in Article 6;
a) Traffic Administrative Fines Decision Minutes, Traffic Administrative Fines Decision Book and Registration Book (Annex-10),
b) Registrations issued to the civilian officers about the misdemeanors of the authority of the civil servants Registrar of the Ambassador to the Registry and Registration Book (Annex-11),
c) Vehicle Traffic Enclosure Minutes to be prepared for vehicles that are blocked from traffic or kept under control, Vehicle Traffic Protection / Registration Book and Registration Book (Annex-13),
ç) Temporary Driving Certificate Revocation Minutes, which are temporarily revoked for driver's certificates, Temporarily Receiving Driver's Certificate Revocation Record and Receipt Book (Annex-14),
is recorded and given to the relevant personnel for use. "
ARTICLE 9- Article 8 of the same Regulation, together with its title, has been amended as follows.
"Procedures and principles regarding the preparation and delivery of the minutes
ARTICLE 8 - (1) Each copy of the minutes is filled in legibly, fully and completely, with a fixed, ink or ballpoint pen. Minutes are signed by the issuer / editors and violators. For those who refrain from signing the minutes, a "not signed" record is placed.
a) The Decision of the Traffic Administrative Fines Decision (Annex-1) shall be arranged in triplicate. The first copy shall be given to the person concerned in violation of the rule and the second copy shall be submitted to the relevant unit of the institution to which the organizer regulates the minutes. Information on criminal proceedings is transferred to the electronic environment and these data are shared electronically with the relevant units of the Ministry of Finance. Sub-cob is given to the authorized personnel of the institution to be submitted to the tax office after the receipt of the minutes.
b) Issue to the Civilian Officer (Annex-4) shall be arranged in triplicate. Two copies of the minutes shall be submitted to the institution to which the official is attached. The minutes shall be recorded in the referral book (Annex-12) by the relevant unit in the Authority and the first copy shall be submitted to the relevant administrative authority within seven working days to be approved together with the administrative sanction decision, and the second copy of the minutes shall be kept in the institution. Sub-cob is given to the authorized personnel of the institution to be submitted to the tax office after the receipt of the minutes.
(2) Traffic Administrative Fines shall be prepared in electronic environment by means of portable or handheld devices (Annex-3) and shall be notified in case of violation of the rules.
a) The report is signed by the issuer / organizers and the violator of the rule. For those who refrain from signing the minutes, a "not signed" record is placed.
b) The record shall be arranged in two copies. A copy of the minutes shall be given to the concerned person who violates the rules and the second copy shall be delivered to the relevant unit of the institution to which he / she is attached and shall be kept in the institution. Information about the criminal proceedings shall be sent to the Ministry of Finance in electronic environment for collection and follow-up after the finalization of the penalty.
(3) In case the civilian ambassador's shipment is produced in electronic environment with fixed / desktop devices (Annex-5);
a) The record shall be arranged in two copies and all copies shall be signed by the organizers / organizers.
b) A copy of the minutes shall be sent to the civilian authority for approval by the administrative sanction decision to be made, and the other copy shall be kept in the institution.
(4) In the event that several traffic rules are violated together, the articles of law that comply with the action for each violation are written separately in the minutes. In cases where more than three violations are detected at the same time, a new report is prepared for the relevant articles. "
ARTICLE 10 - Article 9 of the same Regulation has been amended with its title as follows.
"Preparation of a report to the registration plate of the vehicles or to the shipper
ARTICLE 9 - (1) Criminal proceedings are applied to the owners of the vehicles that violate the rules specified in the relevant articles of the Highways Traffic Law by the personnel authorized in accordance with the Highways Traffic Law, based on the registration plates of the vehicles in the vehicle database or the information in the vehicle registration file.
(2) In accordance with the relevant provisions of the Road Traffic Law, in cases where the vehicle owner / operator / load sender, together with the vehicle driver, in the traffic administrative fines, in accordance with the vehicle registration certificate and other documents, the vehicle owner / operator / freight shipper through the registration plate The administrative fine is issued by the decision minutes.
(3) The report shall be issued in three copies to be notified to the related person, one copy shall be kept in the relevant unit and the other shall be delivered to the tax office upon receipt of the minutes. In the event that the minutes are produced in electronic form with fixed / desktop devices or portable devices (Annex-2), a copy shall be notified to the related person and shall be arranged in two copies to store one copy in the unit. Information about the criminal proceedings is transferred to the electronic environment and shared with the relevant units of the Ministry of Finance in electronic environment.
(4) The minutes drawn up in this way are signed by the issuer / organizers and delivered to the relevant unit of the institution to which the officers are affiliated to be duly done. "
ARTICLE 11 - Article 10 of the same Regulation has been amended with its title as follows.
"Notification of the minutes
ARTICLE 10 - (1) The notification of the traffic administrative fine decision minutes is made within the time limit of the investigation stated in Article 30 of the Misdemeanor Law No. 3 dated 2005/5326/20.
(2) The address of the vehicle owner at the date when the rule violation is determined for the traffic administrative fine decision records shall be recorded from the register of the Registry of the General Directorate of Population and Citizenship, if it cannot be obtained from here, in case it is not possible, in writing or in electronic form of the vehicle. It is determined from the file of the traffic registration institution and relevant sections of the notification mazbatas are filled.
(3) For administrative sanction decisions given by the public authorities, the relevant sections of the notification mazbatas shall be filled according to the address received from the Identity Share System of the General Directorate of Population and Citizenship Affairs in an electronic environment and if this is not possible, according to the declaration address in the referral note of the civilian supervisor.
(4) The traffic administrative fine decision report issued to the registration plate of the vehicles will be sent to the vehicle owner, if the owner is more than one, the owner in the first place of the registration, and the administrative sanction decision issued by the civilian authorities to the relevant person, via mail or in the Official Gazette dated 19/1/2013 and numbered 28533 '' is notified electronically in accordance with the provisions of the Electronic Notification Regulation.
(5) A copy of the minutes to be notified by mail shall be placed in the notification envelope (Annex-6) and sent to the concerned person for notification.
(6) The information regarding the notified minutes is sent electronically to the Revenue Administration of the Ministry of Finance within seven business days after the finalization of the penalty for follow-up and collection.
ARTICLE 12 - The title of Article 12 of the same Regulation and the clauses (a) and (b) of the first paragraph have been changed as follows.
"Procedures and principles regarding the preparation of the records and books to be used for vehicles banned from traffic / kept under guard"
"A) For the vehicles banned from traffic or kept under protection," The Record of Vehicle Ban from Traffic / Suspension from Traffic "in three copies, one copy to be given to the driver who violated the rule, one copy to be kept in the file to be created in the unit, and one copy to remain in the footer ( Annex-7) is arranged.
b) The information about the vehicle banned from traffic is recorded in the "Register of Vehicles Banned from Traffic (Annex-15)", and the information about the vehicle under protection is recorded in the "Record of the Vehicle Under Protection (Annex-15 / A)".
ARTICLE 13 - The first paragraph of Article 14 of the same Regulation has been repealed, and the second and fourth paragraphs have been amended as follows.
"(2) Administrative fines written in the Traffic Administrative Fine Decision Report can be paid to the accounting units of the Ministry of Finance, tax offices and through the bank and PTT authorized by the Ministry of Finance Revenue Administration."
“(4) If the traffic administrative fine is paid within fifteen days from the date of notification; one quarter discount. If the financial situation of the person subject to the penalty is not suitable and applies to the relevant tax office within 1 (one) month, the tax office may decide to pay the first installment in cash and the remaining three installments in one year and in four equal installments. If the installments are not paid on time and in full, the remaining portion of the administrative fine will be collected. "
ARTICLE 14 - The first paragraph of 15 of the same Regulation is amended as follows.
“(1) Fines must be paid within one month from the date of notification of the report. 5% interest is applied each month for fines not paid within one month. Monthly fractions are taken into account as full months in the calculation of monthly interest. The amount to be found in this way cannot exceed twice the penalty. "
ARTICLE 15 - Article 17 of the same Regulation has been amended with its title as follows.
"Books to be used in the delivery and follow-up of the minutes
ARTICLE 17 - (1) The books to be used in the delivery and follow-up of the minutes are as follows;
a) Traffic Administrative Fines Decision Record and Envelopment Book (Annex-10),
b) Registrar's Register Record and Envelopment Book (Annex-11),
c) Civil Amatement Referral Book (Annex-12),
ç) Vehicle Traffic Protection / Registration Record and Registration Book (Annex-13),
d) Temporary Transfer of the License Certificate and Registration Book (Annex-14),
e) Traffic Booked Vehicle Book (Annex-15),
f) Enclosed Vehicle Registry (Annex 15 / A),
(g) Temporary retrieval of Driver's Certificates Registry (Annex-16).
(2) from the books in this Regulation (Annex-10), (Annex-11), (Annex-12), (Annex-13), (Annex-14), (Annex-15), (Annex-15), (Annex-16), (Annex-XNUMX / A) and (Annex-XNUMX) is issued to the relevant units by the authorities authorized by them.
(3) When the minutes are delivered, they are recorded in the relevant registry and embezzlement book and signed by the officers who delivered and received them. "
ARTICLE 16 - Article 18 of the same Regulation has been amended as follows.
“ARTICLE 18 - (1) After the Traffic Administrative Fine Decision Record and the Minutes of Dispatch to the Administrative Supervisor are finished, they are delivered by the authorized personnel to the relevant unit of the institution where the minutes are received. The copies of these minutes remaining in traffic organizations are archived and kept for five years from the date of notification and duly destroyed at the end of the term.
(2) The copies of the Record of Preventing / Detaining the Vehicle from Traffic and the Record of Recovering the Driver's License and the footnotes of the minutes are archived and stored for five years from the date of delivery of the vehicle / driver's license and duly destroyed. "
ARTICLE 17 - In the annex of the same Regulation; Annex-1, Annex-2, Annex-3, Annex-4, Annex-5, Annex-7, Annex-8, Annex-11, Annex-12, Annex-13, Annex-14, Annex-15 and Annex- 16 has been changed as the annex of this Regulation and Annex-15 / A in the annex of this Regulation has been added to the same Regulation after Annex-15 and Annex-9 has been abolished.
ARTICLE 18 - The following temporary article has been added to the same Regulation.
"Retention of receipts
PROVISIONAL ARTICLE 3 - (1) The remaining copies of the traffic fines accounting officer payee receipts issued prior to the publication date of the Law on Amendment to Certain Laws and Decree Laws dated 12/7/2013 and numbered 6495 are archived and stored for five years from the date of issue, and it is duly destroyed at the end of its term. "
ARTICLE 19 - Article 21 of the same Regulation has been amended as follows.
"ARTICLE 21 - (1) The provisions of this Regulation are executed by the Ministers of Interior, Finance, Environment and Urbanization and Transport, Maritime Affairs and Communication."
ARTICLE 20 - This Regulation shall enter into force on the date of its publication.
ARTICLE 21 - The provisions of this Regulation are executed jointly by the Ministers of Interior, Finance, Environment and Urbanization and Transport, Maritime Affairs and Communication.