Precedent decision on the driver who crossed the highway in violation

The 3rd Civil Chamber of the Supreme Court of Appeals made a precedent decision not to issue a penalty notice to the driver who crossed the toll highway in violation.

According to the decision in the Official Gazette, a driver passed with his vehicle in violation on the highway owned by a company in 2020. The company applied to the enforcement directorate to collect the toll and the penalty amount, which is 4 times the toll. The driver objected to the enforcement proceedings on the grounds that he was not notified. And a precedent decision emerged.

“It is understood that the defendant’s vehicle crossed the road operated by the plaintiff without paying the toll, that the defendant has not yet paid the toll and penalty in question, that the legal regulation stating that an administrative fine of 4 times will be imposed is in force, and that there is no notification requirement according to the legislation in force at the time of the trial.” evaluation was included.

The decision, which noted that the court’s decision was contrary to procedure and law in this respect, included the following:

“While the court should consider that the defendant (vehicle owner) is responsible for a fine of 4 times the amount according to Article 30/5 of Law No. 6001 and that a decision should be made in accordance with the outcome, it was necessary to accept the appeal request of the Ministry of Justice in the interest of law regarding this aspect, since it is contrary to the procedure and law to make a provision for partial acceptance of the case in writing.”