Yargıtay 19. Ceza Dairesi 2015/56 Esas 2015/172 Karar Sayılı İlamı
Esas No: 2015/56
Karar No: 2015/172
Yargıtay 19. Ceza Dairesi 2015/56 Esas 2015/172 Karar Sayılı İlamı
Özet:
A driver was fined four times for not complying with weight and measure checks, despite warnings. The fines totaled 1,279 Turkish lira each time, under the Highway Traffic Law. The driver appealed the fines, but their appeals were rejected. However, an objection was accepted, and the fines were cancelled due to a technicality relating to whether the road on which the driver committed the offence was a public highway. The case was referred to the Yargıtay court, which upheld the rejection of some of the objections but found that the objection relating to the amount of the fines was valid, as the fines should have been evaluated individually rather than collectively. The Yargıtay also noted that the court should have conducted an investigation into whether the road on which the offence was committed was a public highway, and should have evaluated whether the driver had violated the applicable law. The relevant law in this case was the Highway Traffic Law (2918/65/4) and the Petty Offences Law (5326/28/10).Kanun Maddeleri:
Highway Traffic Law (Karayolları Trafik Kanunu) - 2918/65/4.
Petty Offences Law (Kabahatler Kanunu) - 5326/28/10.
