Turkey’s Ministry of Transport, Maritime Affairs and Communications has issued regulatory amendments intended to clarify certain detailed procedural issues in the road transport sector, which have been subject to different interpretations. The clarifications aim to increase certainty in international road transport activities and mostly apply to authorization certificate processes.
The Regulation Amending the Road Transport Regulation was published in Official Gazette number 29702 on 4 May 2016 (“Amendment Regulation”), entering into effect on the same day.
Significant clarifications made by the Amendment Regulation include:
- If one party to a lease agreement holds an authorization certificate, further notarization will not be sought.
- Post can be transferred by road transport, provided authorization is obtained pursuant to the Postal Services Code numbered 6475.
- International non-scheduled passenger transportation must use a single border gate and cannot change the selected gate.
- A fee reduction will be made for parties requesting an authorization certificate for a single vehicle.
- Firms conducting international and domestic cargo transportation can now execute agency agreements with domestic cargo transportation agencies.
- Permanent warnings on authorization certificates are removed, along with cancellations of authorization certificates due to the warnings. All warnings on the authorization certificates will be removed before the change, renewal, combination of authorization certificates.
- A vehicle’s authorization certificate will be removed if:
- The vehicle is not inspected within 30 days of the statutory time period.
- The vehicle is older than the age determined under the Regulation.
- The vehicle does not have required insurance.
- The requirement to notify the related authorities within 60 days after a vehicle is removed has been cancelled.
- Various regulation has been introduced to prevent repeated penalties. Several provisions have been cancelled regarding requirements to cease activities.
- If a tax registration becomes inactive, authorization certificates which require active tax obligations will temporarily cease, rather than be cancelled. Authorization will be re-granted once their tax registration is active again.
- If an authorization certificate has been cancelled due to 50 or more warnings, forfeiture of the minimum capacity requirement, or not being an active tax payer by 4 May 2016, the authority-holder can apply to retake their (cancelled) authorization certificate until 1 August 2017. If all conditions are met, a new authorization certificate will be issued after payment of 15% of the applicable authorization certificate.
- A renewal fee (for the first time) will not be requested from legal persons whose authorization certificate was cancelled due to 50 or more warnings given, forfeiture of the minimum capacity requirement, or not being an active tax payer by 4 May 2016, provided they have already taken same type of authorization certificate by paying the whole amount.
Please see this link for full text of the Amendment Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.