The administrative sanction of the withdrawal of the driver’s license is an administrative sanction regulated in the Highway Traffic Law No. 2198, and it is the withdrawal of the driver’s license for certain periods or indefinitely if the conditions required by the law are met.
One of the reasons leading to the withdrawal of the driver’s license in Law No. 2198 is driving under the influence of alcohol or drugs and stimulants. The legislator made a distinction here and determined the premium level of private vehicles as 0.50 and the premium level of commercial vehicles as 0.21. The purpose of this distinction is to ensure that those who drive commercial vehicles can drive almost without drinking alcohol, as they need to be more careful than those who drive privately.
After giving general information on the subject, we will explain the competent and authorized court to which those whose driving licenses are withdrawn will apply against the relevant sanction.
It is possible for those whose driver’s license is withdrawn as a result of fulfilling one of the conditions in the Law, to object to this administrative decision. The sanction of withdrawing the driver’s license is an administrative action in nature. For this reason, the action to be taken is to file an action for the annulment of the administrative act in the administrative court. However, in the process that has developed throughout history, a conflict of duties has emerged in the decisions given by the courts and many administrative courts have rejected the applications by stating that the criminal judgeships of peace are authorized in the judicial jurisdiction. Likewise, the criminal judgeships of peace rejected the applications, showing that the administrative judiciary is in charge, since the action is an administrative action.
Thereupon, the matter was moved to the dispute courts. However, this was not a solution either, and the courts of dispute could not find a solution to the problem of conflict of duties arising in practice by making different decisions on this issue.
Thereupon, the legislator made an amendment to the Law No. 2198 in 2013, adding to Article 112 of the Law, “Penal courts of peace decided to take back and cancel the driver’s licenses, except for the cases where the officials and traffic registration agencies listed in Article 6 of this Law are authorized. gives.” He solved the problem by adding the paragraph.
Thus, those who are faced with the administrative sanction of withdrawing their driver’s license can appeal the decision by applying to the Criminal Court of Peace, where the penalty was issued, with a petition.
