Ankara, December 23 – The Constitutional Court (AYM) of Turkey has invalidated a regulation that allowed for the issuance of a fine to a vehicle’s license plate, equivalent to the driver’s fine, in cases of illegal flashing light usage when the driver was not the vehicle owner. This significant ruling, published in the Official Gazette, underscores the principle of ‘personal liability of punishment’.
Background to the Constitutional Challenge
The challenge to the regulation originated from the Tokat 2nd Criminal Judgeship of Peace. The judgeship requested the annulment of a provision within Article 26 of Law No. 2918 on Highways Traffic, specifically the clause stating: “If the driver is not also the vehicle owner, a fine report for the same amount shall also be issued to the registration plate.”
In its application, the judgeship argued that the contested rule mandated a fine for the vehicle’s registration plate without assessing the owner’s culpability, even when the driver was not the owner and had installed or used unauthorized light or sound warning devices. This, they contended, could lead to sanctions being imposed on a vehicle owner for an act they did not commit, thus violating the principles of ‘personal liability of punishment’ and the ‘rule of law’.
Constitutional Court’s Rationale
The High Court, after reviewing the application, found the relevant rule to be unconstitutional and subsequently annulled it. The AYM’s decision emphasized that Article 38 of the Constitution guarantees the principle of legality of crime and punishment. According to this principle, the specific acts that are prohibited and the corresponding penalties must be explicitly defined by law.
The ruling further clarified that the principle of ‘personal liability of punishment’ ensures that an individual can only be held responsible for their own blameworthy actions and not for the actions of others. The Court reiterated that, under the Constitution, for a person to be penalized, the unlawful act must be stipulated in law, and it must be proven that the individual in question committed that act.
Implications of the Decision
This decision by the Constitutional Court is expected to have significant implications for traffic law enforcement in Turkey, particularly concerning violations involving vehicle modifications and unauthorized equipment. It reinforces the legal protection afforded to individuals against being held accountable for actions they did not directly commit, aligning with fundamental constitutional principles. The ruling highlights the judiciary’s role in safeguarding individual rights against potentially overreaching legal provisions.
Future Outlook
The annulment of this rule will likely necessitate adjustments in how traffic fines are administered, especially in situations where the driver and vehicle owner are different entities. Law enforcement agencies will need to ensure that fines are levied in strict adherence to the principle of personal liability, focusing on the individual who committed the violation rather than automatically extending responsibility to the vehicle owner without proof of culpability. This ruling is a testament to the ongoing efforts to uphold the rule of law and protect individual liberties within the Turkish legal system.
Source: https://www.haberturk.com/ankara-haberleri/40053091-aymden-usulsuz-cakar-lamba-karari
