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ROAD TRANSPORT IN TURKEY

ROAD TRANSPORT IN TURKEY. Sançar Sefer SÜER, Head of Department , TOBB IRU 9th Symposium of Lawyers , Geneva – 24 February 2012. Overview:. TOBB General Situation of Int . Road Transport in Turkey Legal Infrastructure in Turkey.

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ROAD TRANSPORT IN TURKEY

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  1. ROAD TRANSPORT IN TURKEY Sançar Sefer SÜER, Head of Department, TOBB IRU 9th Symposium of Lawyers, Geneva – 24 February 2012

  2. Overview: TOBB General Situation of Int. Road Transport in Turkey Legal Infrastructure in Turkey

  3. UNION OF CHAMBERS AND COMMODITY EXCHANGES OF TURKEY (TOBB)

  4. CHAMBER SYSTEM OF TURKEY • Non-profit Organizations • Financed by their own Sources • Compulsory Membership • 1.3 million enterprises • 365 Local Chambers and Commodity Exchanges • Independent and Democratic

  5. TRADE AND TIR DEPARTMENT • BY VIRTUE OF THE AUTHORITY ISSUANCE OF; • TIR CARNETS (674.315– 2011) • ATA CARNETS (1.200 – 2011) • INTERNATIONAL ROAD TRANSPORT QUOTA PERMITS (890.342 – 2011) • DIGITAL TACHOGRAPH CARDS (21.600 – 2011) • DOMESTIC GOODS TRANSPORT LICENCE (K-TYPE) (245.000 – 6 YEARS) • ( 19.600 – 2011) • FOCUSING ON OTHER UNECE CONVENTIONS; • AETR • ADR • ATP • E-CMR • HARMONIZATION CENVENTION (NEW ANNEX 8) • TAKING PART AT REGIONAL COOPERATION INITIATIVES; • TRACECA, BSEC-URTA, ECO, REVIVAL OF SILK ROAD, FIRTA

  6. LocaldIstrIBUTION TIR Carnet Domestic Licence Bilateral Permit ATA Carnet Digital Tachograph Card

  7. GENERAL SITUATION OF INTERNATIONAL ROAD TRANSPORT IN TURKEY

  8. FOREIGN TRADE & ROAD TRANSPORT * 1.000 $ 40% of exports (ad valorem) performed by road transport Source: TÜİK

  9. INTERNATIONAL FLEET • 1500 companies • 60.000 trucks-only international (national >600.000) • One of the biggest in the world in quantity

  10. LEGAL INFRASTRUCTURE IN TURKEY

  11. Liability… Road Transportation Code Customs Code, Anti Smuggling Code Commercial Code

  12. Under Road Transportation Code… Since 2004 No transport without appropriate “licence” A1….T3 5 years Licence fees up to 135.000 €

  13. Under Road Transportation Code… Heavier requirements than EU for international freight transport-10 vehicles, 300 tonnes, min. 42.500 € capital max. vehicle age 20 At least 10 vehicles with max. 14 age Cargo/goods carried not to be banned from sale, trade or transport  licence holder liable CPC certificates for drivers and managers – high level CPC and/or middle level CPC

  14. Under Road Transportation Code… • Appropriate vehicle, technical qualifications • Qualified and sufficient number (?) of drivers for the route, drivers licence • Liability insurance ! • Force majeure  another route, take to a point on the route, take back no additional charges • Longer prescription time- 2 & 10 years (ordinary debt claims 1 & 5/10 years)

  15. Under Road Transportation Code… • Insurance-Passanger Transport • Road transportation financial responsability • + Individual Seat Accident • + Road traffic insurance (Road Traffic Code)

  16. Under Road Transportation Code… • Fines: • Up to 1000 € • By 2008, decreased by half (2000 €) • Repetition provision abolished

  17. Former Anti-smuggling Codes • Law no. 1918/1932 • Heavy penalties/sanctions – up to 15 yrs. imprisonment; collective smuggling 2+ prs. 12 years • Transport companies “tolerating” to employees – same “fines” as smuggler • Officers & staff of transport companies – imprisonment &fines 1/2 increased • All vehicles “intentionally” used seized & confiscated • Law no. 4926/2003 • “Economic sanctions for economic crimes”– up to 6yrs. imprisonment; collective smuggling 2+ prs. ½ increase • “Responsable persons” of transport companies “tolerating” to employees – half “fines” of smuggler • Benefit from occupational convenience– imprisonment & fines 1/2 increased • Seizure & confiscation- only if secret cahce, most of the goods, vehicle is indispensable or forbidden/hazardous goods

  18. Anti-smuggling Codes (Former vs. Current) • Law no. 4926/2003 • “Economic sanctions for economic crimes”– up to 6yrs. İmprisonment; collective smuggling 2+ prs. ½ increase • “Responsable persons” of transport companies “tolerating” to employees – half “fines” of smuggler • Benefit from occupational convenience– imprisonment & fines 1/2 increased • Seizure & confiscation- only if secret cahce, most of the goods, vehicle is indispensable or forbidden/hazardous goods • 5607/2007 • More & longer imprisonment –up to 6 yrs.; collective smuggling 3+ prs. ½ increase • Transport companies – security measures for legal persons • Benefit from occupational convenience– imprisonment & fines 1/2 increased • Seizure & confiscation- only if secret cahce, most of the goods, vehicle is indispensable or forbidden/hazardous goods • Repetition rules for administrative sanctions

  19. Road Transport in New Turkish Commercial Code TCC 1956  TCC 2011 (Law no. 6102) In force as of July 1st, 2012 Chapter IV – Transport Operations: 6 sections, 80 articles (German Act of 1998) Applies only if no international convention applicable  CMR not affected Generally in parallel with CMR (8.33 SDR/kg…)

  20. Road Transport in New Turkish Commercial Code • Carrier to pay “utmost care” in carriage of goods • For household/office gears: • liability up to 1500 SDR per loading volume • transporter to dismantle & assemble • Longer prescription times: • 3 yrs if transporter’s deliberate, reckless, careless action • 10 yrs passenger’s death/injury

  21. THANK YOU Union of Chambers and Commodity Exchanges of Turkey (TOBB) Trade & TIR Department Phone: + 90 312 218 22 41 Fax : + 90 312 218 22 44 e-mail : sancar.suer@tobb.org.tr tir@tobb.org.tr

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