Criminal Law

Challenging a Traffic Fine: Where, When and On What Grounds

· 5 min read · Av. Saliha Senem Mercan
Challenging a Traffic Fine: Where, When and On What Grounds

This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Trafik Cezasına İtiraz: 15 Günlük Süre ve İtiraz Gerekçeleri.

An objection to a traffic fine is made to the criminal judgeship of the peace within fifteen days of service, and it is free of charge. Miss the period and the fine becomes final; after that only limited grounds such as defective service remain. The early-payment discount and an objection pull against each other: once the fine is paid at the discounted rate, the right to object is as a rule spent.

A message arrives on your phone or an envelope in your postbox: an administrative fine. Most people either pay the discounted amount and move on, or ignore it entirely.

Yet the objection route is open, free, and often more effective than people assume. This article covers where and by when to object, which grounds actually work, and how the discount affects the right to object.

Where and When

Traffic fines fall under the Misdemeanours Act (no. 5326). The objection goes to the criminal judgeship of the peace.

The period is fifteen days from service. If the notice was signed by you at the roadside, time runs from that date; if it was posted, from the date of service.

The application attracts no fee. It is filed with the judgeship of the peace for the place where the issuing authority is.

Some fines issued by municipal enforcement officers, and certain other sanctions, go to different bodies; the notice itself usually states where an objection lies.

Which Grounds Actually Work

“I think it is unfair” is not enough. What succeeds in practice is concrete and verifiable.

  • Inspection of the measuring device. Speed-measuring devices must have a current periodic inspection. No legal consequence can attach to a reading from a device without valid inspection on the date. Ask in the application for the calibration and inspection certificate to be produced.
  • The vehicle had been sold. If it was not yours on the date of the offence, the notarial sale contract and the registration record establish it.
  • Defective service. If the notice went to an old address, time runs only from proper service.
  • The notice was never signed. Where a notice was not served at the scene, compliance with the rules on service is examined.
  • Missing or obscured signage. No sign showing the speed limit or the prohibition, or a sign that could not be seen.
  • More than one fine for the same act. A single act may have been sanctioned twice.

Under Article 27 of the Misdemeanours Act the judge sets aside an administrative sanction imposed unlawfully. And the administration bears the burden of proving the facts the sanction rests on.

Grounds and the evidence for them
GroundEvidence to put in
The vehicle was elsewhere at the timeToll transit records, camera footage, fuel receipts
The vehicle had been sold or stolenThe notarial sale contract, the theft report
The driver was not the ownerThe driver's statement and identity details
A material error in the notice (plate, date, provision)The notice itself
No calibration certificate for the camera or radarA request that the certificate be produced
Traffic signs not visiblePhotographs, witnesses, a request for a site inspection

The application must give the notice number, the date of service and a concrete ground together; objections in general terms are dismissed.

Does the Discount Affect the Right to Object?

The Highway Traffic Act provides a discount where the fine is paid within a set period of service. Most people pay at once so as not to lose it, and give up objecting.

There is a trade-off here. Payment does not automatically extinguish the right to object, but whether payment amounts to acceptance is argued in practice. The safe course is to object within the period and await the outcome.

On the other hand, if the objection drags on the discount is lost, and a dismissed objection leaves the full amount payable. So decide at the outset whether the objection really has a foundation.

If the Fine Is Not Paid

A fine neither paid nor challenged in time becomes final and is collected under Act no. 6183: the tax office pursues it and a late-payment surcharge runs.

Unpaid traffic fines also block vehicle inspection and certain other transactions, and accumulated penalty points can lead to the licence being taken.

So pay promptly if you are not objecting, and file in time if you are. Doing neither is the most expensive option.

Can the Judge's Decision Be Challenged?

An objection lies against the decision of the judgeship of the peace for fines above the amount set in the Act. It is filed with the same judgeship and examined by another judgeship of the peace.

Below that amount the decision is final. The threshold is updated each year, so check the decision itself when it is served to see whether a further objection is open.

Fifteen days, and one good ground

The period is fifteen days from service and the application is free. Give a concrete ground, and ask for the device's inspection certificate and the measurement image to be produced — “I think it is unfair” achieves nothing.

Frequently Asked Questions

Where do I object, and how long do I have?

To the criminal judgeship of the peace, within fifteen days of service. The application is free of charge.

What grounds actually succeed?

Concrete ones: no valid inspection of the measuring device, the vehicle already sold, defective service, missing or obscured signs, material errors in the notice, or a second fine for the same act.

Who has to prove the offence?

The administration. Under the Misdemeanours Act the judge sets aside a sanction imposed unlawfully, and the facts must be proved by the authority that imposed it.

Should I take the discount?

Only if you are not going to object. Payment does not automatically extinguish the right, but it is argued to amount to acceptance — so decide at the outset whether the objection has a real foundation.

What happens if I do nothing?

The fine becomes final and is collected by the tax office with a late-payment surcharge, and it blocks vehicle inspection and other transactions.

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