Speed Control is made without radar: The Highway Traffic Law No. 2918 has included a number of administrative offenses or penalties in order to prevent the occurrence of road traffic, to prevent fatal, wounded and financially damaged accidents and to prevent the danger in this context.
One of these rules is to use the vehicle without speeding over the predetermined speed according to the characteristics of the vehicle and the road condition. Even if there is no traffic accident, fines are imposed as administrative sanctions on those driving above the speed limit set by the legislation. The difference of the administrative fine from judicial punishment is its very quick implementation and the ability to be immediately collected. It can be argued that these fines are a deterrent, prevent the use of speedy vehicles and prevent traffic accidents due to speedy vehicle use.
The issue of discussion is not the need to prevent the administrative fines, the lack of quantities or the multiplicity or the speed limits, or to reduce or increase these limits.
Our subject is, if the statement is in place, does the State set up a trap, make a demonstration of power, ie, without prior notice and without warning, by placing secret or open radar systems on the highways, by speed control, can it go through administrative fines? Mi 2918 numbered law hal and ve not knowing the law is not an excuse ılmaz by saying, without prior explanation, without warning and warning signs can be done with the speed control? Among the rules of the social order, the law is mandatory, everyone is bound and the speed limits between them should fit everyone, because at this point, the aim is to flow in an order to avoid accidents, in advance of the fact that the drivers warn, ici aman here, use in places without plates Mu means to encourage driving with excessive speed on roads without radar warning signs, and is this correct? On the contrary, does it mean that it is necessary to set up a radar without warning and to issue a receipt, to punish the citizen in order to generate income for the State, to raise money? Does this practice lead the individual to not trust the State? Therefore, the ”principle of the rule of law i is damaged?
Here is the discussion of the Court of Appeals 7. The Criminal Chamber ended with the 08.07.2014 journal, 2014 / 2954 E. and 2014 / 14281 K. The apartment decided that speed control could not be carried out without the use of warning signs. According to a number of reasons in this decision, which found the speed control by radar without warning sign and found the fines against the law;
Tir In short, the rule of law means 'the state which provides legal security to its citizens, who is bound by the rules of law in its activities'.
Since the state of law means the state bound by law, it is doubtless that the executive branch, which is one of the three powers of the state, is connected with the rules of law.
In terms of the executive organ, the certainty and pre-knowledge of its administrative activities is mandatory. In the state of law, the actions and operations of the administration must be predictable by the authorities. In administrative proceedings and actions, the administration must regulate this authority with the general rules such as bylaws and regulations and comply with these regulations. This is called the 'principle of regular administration'. Likewise, due to the principle of determination of administrative activities, the administration should not give up its stabilized practices.
Again, the principle of the rule of law, state 'rights and freedoms of the public, public order and security, public health and the environment, economic order, community peace and order, violations of the rules on general morality, ie crimes and misdemeanors, within the framework of national and universal law, the task of and the obligation. However, it must be acknowledged that the State has a duty to prevent the violation of these rules, primarily and primarily. In other words, the task of the administration, which is a power of the rule of law, should not be to wait and punish individuals to violate the rules, but to improve the level and habit of acting in accordance with the rules. This is a requirement of 'good governance principles'. It is also a requirement of the state of law to be attached to the principles of good governance.
In this way, a regulation by the Ministry of Interior on the regulation of road users (especially drivers) by making maximum use of national and local media and other means of communication on which sections of the highway will be carried out and at what times the traffic inspections will be carried out and at what times. it appears to have been created.
The duty of N ensuring and supervising traffic in highways Bakanlığı has been entrusted to the Ministry of Interior by the provision of subparagraph (c) of the first paragraph of Article 3152 of the Law on the Organization and Duties of the Ministry of Interior. With the provision of Article 2 of the same Law, the Ministry of Internal Affairs' services which they are obliged to carry out by law; by regulation, regulation, communiqué, circulars and other administrative texts.
Within the scope of this ğ regulatory duty and authority uştur of the Ministry of Interior, the Directive on the Measures to be Taken in Traffic Inspections and Traffic Accidents has been prepared and put into force with the approval of the Minister of 31.10.2011. 'In traffic controls; inspection, before and after the inspection, in traffic accidents; to proceed to the scene of the accident and the procedures and principles of the work and operations to be carried out and to determine the movements of the traffic management and regulation '.
It should be acknowledged that, in accordance with the provisions of Article 34 / 1-ç and 47 of the directive, road users should be informed about 'which part of the highway with which the speed control will be carried out'. This is also a requirement of the recommendations adopted by the Ministers of Ministers of the Council of Europe Committee of Ministers to inform Temsil clarity and appropriate means Temsil principles, which are accepted as good governance principles.
In accordance with the provision of Article 47 of the Directive, the administration shall make the most of the 'national and local media and other means of communication' in this information activity. It is necessary to conclude that the administration is obliged to bil inform the road users under all circumstances yararlanma and for this purpose, it can go 'to the maximum extent in the national and local media and other communication tools İ. The Administration shall firstly inform its own means and methods; because 'road signs, traffic conditions and the nearest environment, giving the necessary information about the road, traffic and security by providing prohibition and restrictions to provide traffic rules and traffic on the roads, standard, meaning, quantity and qualifications and other principles', 19.06.1985 dated and iştir Traffic Signs. published in the Official Gazette No. 18789. Therefore, the information in the scope of 47 of the Directive on Precautions in Traffic Audits and Traffic Accidents should be made by 'traffic signs' to be placed according to the principles and procedures of this Regulation. Apart from this method, it will also benefit from media and other means of communication. Therefore, in accordance with the provisions of the Directive, drivers should first be informed by traffic signs on the subjects of işaret which part of the highway the speed control should be carried out '.
First of all, it is necessary to wait for traffic controls to be made in order to provide security of life and property, to make a violation of the rules without informing the road users in order to impose a penalty. unacceptable ".
As a result; The principle of dir rule of law ”is indispensable. The existence of an independent and impartial judiciary is the basis for the protection of rights and freedoms. Law and justice; bread, water, soil and air. Law and justice; is the foundation of the property and the reason of the existence of the state. To change the form or system of management, to correct the cumbersome structure of the state with heavy operations, to make faster decisions and to ensure the development of the objectives, never disregard the law and justice, and the independence of the judiciary to eliminate the understanding of neutrality can not be made.
The judiciary is not the shackles of development. Judgment; it serves human beings under the principle of. equality hukuk to law and justice. We offer our greetings and honors to the judges who have signed the above summary.