Turkey's Top Court Rules: No Payment Orders for Unsettled Traffic Fines

Turkey's Council of State has issued a significant ruling stating that administrative bodies cannot pursue the collection of traffic fines through payment orders if the driver has formally appealed the penalty and the legal process is still underway. This decision clarifies that the state must wait for a final judicial resolution before attempting to collect disputed fines.

The ruling came in response to a case involving Ahmet Dokucu, who received a 1506 lira administrative fine for exceeding the speed limit in Izmir. Dokucu appealed the fine at the Menemen Sulh Ceza Hakimliği (Magistrate's Court). However, while his appeal was pending, the relevant tax office issued a payment order for the fine, initiating collection proceedings.

Dokucu's subsequent challenge against the payment order itself was initially rejected by both the Magistrate's Court and the Izmir 2nd Administrative Court. The Council of State's Chief Public Prosecutor then requested a review, arguing that issuing a payment order for an unsettled administrative fine was unlawful. The Council of State's Eighth Chamber agreed with this assessment.

In its decision, the Council of State emphasized that administrative fines only gain definitive legal status after the judicial process is concluded. It highlighted that the administrative body responsible for collection has a duty to verify whether a public receivable has been finalized. Consequently, initiating collection measures, such as issuing a payment order, before the fine is definitively settled through the ongoing legal proceedings was deemed unlawful. The court unanimously decided to overturn the lower administrative court's decision, ruling in favor of the driver.