23.12.2025 10:45
The Constitutional Court ruled that penalties for unauthorized use of flashing lights can only be applied to the drivers who commit the violation, and that vehicle owners who are unaware of the violation cannot be automatically penalized.
The Constitutional Court made an important decision regarding the administrative fines imposed for unauthorized use of flashing lights in vehicles. The High Court ruled that penalties could be imposed on drivers who commit the violation, but vehicle owners who are unaware of the violation cannot be automatically fined.
The decision was made following an application from the Tokat 2nd Criminal Court of Peace, examining the regulations in the Highway Traffic Law regarding mandatory signs such as license plates, lights, colors, symbols, shapes, and writings, as well as the use of unauthorized light and sound warning devices. The application emphasized that there was a violation of the principle of personal responsibility, stating that the vehicle owner cannot be held responsible for an act they did not commit, and that the penalty should only be applied to the person who committed the violation.
FOUND TO BE UNCONSTITUTIONAL
The Constitutional Court pointed out that for a penalty to be imposed, the unlawful act must be clearly defined in the law and it must be established that it was committed by the relevant person. It was noted that there is no direct causal link between owning a vehicle and the violation, and it was concluded that the existing regulation is contrary to Articles 2 and 38 of the Constitution.
THE DECISION HAS PRECEDENT VALUE
For these reasons, the relevant provision was annulled. The decision, which was published in the Official Gazette and came into force, has precedent value in clarifying the scope of responsibility regarding traffic fines for unauthorized light and sound warning devices, commonly known as "flashing lights" in the public.