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Appealing a Traffic Fine: Time Limit and the Magistrate Route

The 15-day appeal to the criminal magistrate against an administrative fine, and penalty points.

Appealing a traffic fine: time limit and the criminal magistrate route — Uzun Law Office legal guide

In short: A traffic fine you believe was wrongly issued can be appealed before it becomes final. This guide explains where and within how many days the appeal is made, the criminal magistrate route and the consequences of penalty points.

Not every traffic administrative fine is final and beyond challenge; if you believe it was issued unlawfully or in error, you may seek its annulment by appealing the traffic fine. Fines imposed under the Highway Traffic Code are subject to the procedure in the Misdemeanours Code, and the appeal authority is not the administrative court but the criminal magistrate (sulh ceza hâkimliği). Not knowing this distinction leads to most appeals being rejected on grounds of time or jurisdiction. Once the right route and time limit are known, however, a fine issued without justification can largely be annulled.

Where and within how many days is the appeal made? #

Against an administrative fine, application is made to the criminal magistrate within fifteen days at the latest of the date the decision was served or pronounced (Misdemeanours Code art. 27/1); the competent magistrate is the one at the place where the authority that issued the administrative sanction is located. The application is made by a petition, submitted in two copies, by the person concerned, their legal representative or a lawyer. This period is a strict time limit; once it passes, the fine becomes final and moves to the collection stage, and the substance can no longer be challenged. If the record was served on you in person in traffic, the period begins that day; for fines sent to the plate later, the period begins on the day the notification was duly made. Correctly determining the date of notification is therefore the most critical point of the appeal.

For administrative fines other than traffic fines — social security, occupational health and safety, municipal and environmental fines — the authority and the time limit differ; for a detailed comparison see our article on objecting to an administrative fine.

On what grounds can an appeal be made? #

The chance of an appeal succeeding depends on the concrete ground and evidence it rests on. The most commonly used grounds in practice are:

  • The act was in fact never committed, or belongs to another vehicle or driver.
  • There is a material error in the record — the plate, date, place or the article number said to be breached.
  • The measurement underlying the fine (radar, breathalyser) was not made in accordance with the procedure, or the device's calibration/inspection certificate is missing.
  • More than one, duplicate, fine was issued for the same act.
  • The situation requiring the fine arose from a necessity or from a deficiency in the traffic signs.
  • The notification was made improperly.

Supporting these grounds in the appeal petition with evidence such as photographs, dashcam footage, location data or a witness significantly strengthens the outcome. A vague assertion of "I am in the right" is often not enough.

Penalty points and seizure of the licence #

Traffic fines are often not confined to a monetary penalty; depending on the type of breach, penalty points are also recorded on the driving licence. When the points limit is exceeded within a given year, the licence may be seized temporarily and an obligation to attend a course arises; on repetition this period lengthens. In cases such as drink-driving, seizure of the licence is applied directly. For this reason, in deciding whether to appeal a fine, one must look not only at the sum to be paid but also at the consequences of the accumulating penalty points and the loss of the licence. Sometimes a low-value fine has a graver effect because of its points.

Advance payment, appeal and the next stage #

Benefiting from the discount applied on early payment does not, as a rule, remove your right of appeal; payment can be made with your right of appeal reserved, and if your appeal is upheld the sum you paid is refunded. The decision given by the criminal magistrate on the application is final where the administrative fine is 15,000 Turkish lira or less (Misdemeanours Code art. 28/10; the threshold was raised from 3,000 lira by Law No. 7499 of 2 March 2024). For fines above that amount an objection may be lodged against the decision within two weeks of its service (art. 29/1; the same Law extended that period from seven days to two weeks). The objection is examined on the papers by the criminal magistrate whose number follows that of the magistrate who gave the decision. On such administrative sanctions and other disputes with the administration you may consult our administrative and tax law page; for the steps to take after a traffic accident, our relevant article.

In summary, if you believe a traffic fine is unjust there are three things to do: correctly determine the date of notification, not miss the fifteen-day period, and submit the appeal to the criminal magistrate with concrete evidence. When these three are satisfied, an unjust sanction can be annulled through a low-cost, fee-free application; on annulment both the fine and the penalty points attached to it are removed. Once the period has passed, however, the possibility of challenging the substance of the fine largely closes and only the payment stage remains.

What to include in the appeal petition #

Careless preparation of the appeal petition submitted to the criminal magistrate can lead even a well-founded appeal to be rejected. An effective petition should contain:

  • Record details: The date and number of the fine record, the plate and the article said to be breached should be stated clearly.
  • A concrete ground of appeal: Why the fine is unlawful should rest on fact, not conjecture.
  • Evidence: Photographs, dashcam footage, location data, witness information or the absence of device calibration should be attached.
  • Date of notification: To show that one is within the fifteen-day period, the date of service should be stated.

The petition is submitted in two copies to the competent (duty) criminal magistrate. The application is not subject to a fee (Misdemeanours Code art. 31); this makes the appeal a low-cost and accessible route.

Objection to the magistrate’s decision: the finality threshold #

The criminal judgeship of peace examines the application on the merits and either accepts or rejects it. The route available against that decision depends on the amount of the fine.

  • If the fine is up to 15,000 TL the judgeship’s decision is final; the ordinary appeal route is closed (Law on Misdemeanours art. 28/10). This figure does not rise with the revaluation rate; it is a fixed limit written in the law.
  • If the amount exceeds this limit an objection may be lodged within seven days of service of the decision. The objection is examined by the criminal court of first instance in the judicial district of the judgeship that gave the decision, and its ruling is final.

The only route that can be raised against final decisions is a request for reversal in the interest of the law in cases of definite unlawfulness; this request is conveyed to the Court of Cassation through the Ministry of Justice and is an extraordinary remedy. The right of individual application to the Constitutional Court may be exercised within thirty days once the ordinary remedies have been exhausted.

Collection of the fine, instalments and limitation #

If the time limit for objection passes or the objection is rejected, the fine becomes final and the collection stage begins.

MatterRule
Payment periodOne month from finality; if not paid in time it is transferred to the tax office
Early payment discountA quarter discount for payment within one month of service
InstalmentsFour equal instalments within one year may be requested, the first paid up front
Late payment surchargeRuns under Law No. 6183 after transfer to the tax office
Limitation on enforcementThree, four or seven years depending on the amount of the fine

While a final traffic fine remains unpaid the vehicle cannot pass inspection and a transfer cannot be completed; unpaid fines therefore often come to light during inspection or sale. A person who buys the vehicle is not held liable for fines relating to the period before the sale; if the report was issued to the driver, the fine is sought from the driver.

Fines whose report you never saw: the service problem #

Reports drawn up without stopping the driver, such as speed camera, red light and motorway toll violations, are served on the address of the vehicle owner in the address registration system. The situation most often met in practice is that the fine is learned of only after it has become final.

  1. If service was irregular: The fifteen-day period does not start to run unless service has been made properly. In that case the application is made within the period running from the date of learning, and the irregularity of service is also raised in the petition.
  2. If the address is not up to date: Service on the address in the address registration system is deemed valid. Notifying a change of address to the civil registry office is therefore important for learning of fines in time.
  3. If the vehicle was rented or sold: A notarised sale deed or a rental agreement can show that possession of the vehicle was with someone else on the date of the violation. Failure to update the traffic registration causes the fine to be sent to the former owner.

Checking fines regularly through e-Devlet is the most practical way of avoiding a missed objection period. You can pre-check the day on which the objection period expires with our time limit and limitation check tool.

This content is for general information only; it does not replace legal advice on a specific matter. Periods and procedures may change according to the legislation in force.

Av. Hasan Hüseyin Uzun
Av. Hasan Hüseyin Uzun
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Frequently asked on this subject

4 questions
Where is an appeal against a traffic fine made?+
Against an administrative fine, application is made to the criminal magistrate (Misdemeanours Code art. 27/1); the competent magistrate is the one at the place where the authority that issued the fine is located. The appeal authority is not the administrative court. If the application is made to a criminal magistrate who lacks territorial competence, the file is sent on to the competent magistrate; an application made out of time, however, is rejected. The application is made by a petition in two copies and is not subject to a fee.
What is the time limit to appeal a traffic fine?+
It is fifteen days from service of the record, and this period is a strict time limit. Once it passes the fine becomes final. In service in person the period begins the same day; in later service it begins on the date of notification.
If I pay the fine at a discount, do I lose my right of appeal?+
No. Benefiting from the early-payment discount does not, as a rule, remove your right of appeal; payment can be made with your right of action reserved. If your appeal is upheld, the sum you paid is refunded.
If I appeal, are the penalty points removed too?+
If the appeal is upheld and the fine annulled, the penalty points attached to it are also not recorded or are deleted. Since exceeding the points limit can lead to seizure of the licence, an appeal should consider not only the fine but the points consequence.

This article is for general information; it is not legal advice on your own case. Time limits and their application can vary with the particulars of a file. Let us talk your situation through.

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