The 7th Penal Chamber of the Supreme Court of Appeals made a critical decision that could cancel the fines of the honorary traffic inspector. precedent clarified the attention.
We often see precedent decisions for other drivers as a result of both traffic accidents and objections to the penalties imposed by the police. A new one is coming up. As you know, honorary traffic inspectors can write fines within the framework of the Law on Misdemeanors with the authority of the Ministry of Internal Affairs. As a result of an inspector’s fine in a different hand from the province where he was registered, the aggrieved driver took the matter to court. After paying the fine, the driver, who applied to the Supreme Court, reached a happy ending. After the decision to overturn, he got his money back. Thus, a guiding decision was formed for other drivers.
With the precedent decision, the border of authority was drawn over
Supreme Court In the decision it was stated: “Article 114/1 of the Law No. 2918. The article states, “A report shall be drawn up by the personnel of the General Directorate of Security and the Gendarmerie General Command and the personnel of the relevant units of the Ministry of Transport and the General Directorate of Highways, assigned and authorized in the provincial and district organizations, within the limits of their authority, about those who commit the traffic offenses specified in this Law.
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It has been understood that the administrative fine decision report prepared by the Honorary Traffic Inspectorship Bureau, where the penalty was imposed, regarding the misdemeanor committed outside of its jurisdiction, is not in accordance with the law in terms of authority, since the authority to decide on an administrative fine regarding the misdemeanor alleged to have been committed in a district also belongs to this local authority. . It was unanimously decided to overturn the decision.”