ARTICLES

REGULATION ON AMENDING THE REGULATION ON TRADE OF SECOND HAND MOTOR LAND VEHICLES

The Regulation Amending the Regulation on the Trade of Second Hand Motor Vehicles entered into force in the Official Gazette numbered 31214 on 05.08.2020. In this context, it is necessary to examine the important issues that have been changed due to the importance of these practices for many companies.

Within the scope of the Regulation on the Trade of Second Hand Motor Vehicles, Article 2/1;

"This Regulation; second hand motor vehicle trade activities of real or legal person traders, tradesmen and craftsmen, the procedures and principles regarding the issuance, renewal and cancellation of the authorization certificate, the obligations of the enterprises engaged in the second hand motor vehicle trade and the conditions sought in the collective business and vehicle markets It covers the payment methods in the trade of hand motor vehicles and the duties, powers and responsibilities of the Ministry, the authorized administration and other relevant institutions and organizations regarding the trade of second hand motor vehicles.” The minimum requirements regarding the scope and procedure of the regulation have been clearly and explicitly decided with the phrase. With the amendment made in article 2/2 of the regulation, additions have been made to the sales that are not covered by this regulation:

“The following second hand motor vehicle sales are out of the scope of this Regulation:

d) The sale of motor vehicles rented by businesses that are engaged in motor vehicle leasing for at least one year. "

The paragraphs to be mentioned have been added to the 1st article of the Regulation;

"(1) As of the effective date of this paragraph, businesses engaged in the trade of second-hand motor vehicles must obtain a certificate of authorization by bringing their status in line with the requirements of this Regulation until 31/8/2020.

(7) For enterprises that have been given a certificate of authorization before the effective date of this paragraph; a) Business and working licenses related to the trade of second hand motor vehicles,

b) The document showing that they have the relevant workplace conditions in the Regulation on Opening a Business and Working Licenses, except for businesses for which business licenses have been issued and work licenses for second hand motor vehicle trade after 9/6/2020,

If they do not transfer them to the Information System or submit them to the provincial directorate until 30/6/2021, their authorization documents will be canceled. "

As a matter of fact, regarding the enterprises that have previously been given authorization certificates, the document showing that the enterprises in question have business and working licenses for the trade of second-hand motor vehicles and the relevant workplace conditions in the Regulation on Business and Work Licenses to the Second Hand Motor Vehicles Information System. Otherwise, the authorization certificates of these enterprises will be canceled.

On the other hand, article 5 of the Regulation has been changed as follows:

"(1) Second hand motor vehicle trade is carried out by businesses that have authorization certificates. Sales of more than three second-hand motor vehicles carried out directly or through intermediation within a calendar year are accepted as second-hand motor vehicles trade unless otherwise determined by the Ministry. "

Accordingly, businesses that trade second hand motor vehicles and have not received the authorization certificate until today are required to obtain an authorization certificate until August 31, 2020. Unless otherwise determined by the Ministry, sales of more than 3 vehicles within a calendar year will be considered as commercial activities and unregistered commercial activities will be followed and sanctioned.

However, the business license and working license have been added to the requirements for issuing an authorization certificate. Accordingly, it has been foreseen that businesses that do not have a business license for second-hand motor vehicle trade will not be granted a certificate of authorization, and the obligations imposed on municipalities and enterprises for which a license has been issued for the trade of second-hand motor vehicles will be monitored by the Ministry and businesses operating without a license will be determined.

With these regulations, which are of great importance in order to protect the rights of businesses operating in accordance with the legislation and are also requested by these enterprises, it is aimed to eliminate unfair competition in the trade of second-hand motor vehicles and to prevent artificial price increases.

Minister of Trade Ruhsar PEKCAN stated that the transition period, which was foreseen for the operating enterprises to obtain authorization certificates and was extended twice before, was not extended this time. When calculating the number of vehicles on the sales of Notaries said Turkey would be the basis of data received from the Union stated that the same people who own both on behalf of all sales taken into account as well as his proxy. In addition, renewal applications are not required for the authorization documents that were issued previously and whose validity period is 5 years. It is stipulated in the said Regulation that the authorization certificates given by the Ministry will be valid until canceled within the framework of the provisions of the regulation.

The Ministry of Commerce will impose an administrative fine on businesses that violate the provisions of the Regulation, and the authorization certificates of businesses that do not eliminate or repeat the violation despite the warning will be canceled. In this sense, contribution will be made to increasing service quality and preventing consumer victimization, and it is aimed to purge the sector from businesses that do not operate in accordance with the legislation.

Regulation Amending the Regulation on the Trade of Second Hand Motor Vehicles, Article 13 has been amended as follows;

"(1) On the second hand motor vehicle offered for sale, an advertisement card containing up-to-date introductory information about the vehicle in an easily visible and readable manner is kept.

(2) The authorization certificate number and the following minimum information about the second hand motor vehicle are included in the introduction card. "

Namely; businesses that advertise for the trade of second hand motor vehicles are obliged to include the authorization certificate number in all their postings and to use the business name or title in the authorization certificate. Accordingly, it is not necessary to include misleading information and documents in advertisements, and it is foreseen that certain sanctions will be imposed by the Ministry on enterprises that do not comply with these obligations, in the form of administrative fines and cancellation of the authorization certificate. In addition, the aforementioned rules for posting sites will enter into force on 01.01.2021. Therefore, the arrangements to be made should be completed by the said date.

Finally, with the changes made in the 17th article of the regulation, it will be made mandatory to use the "Secure Payment System" in cash payments in the purchase and sale of second hand vehicles, and money transfers will be made and recorded quickly and easily. In this way, unregistered data will be reduced by creating labor and cost advantages. Ministry of Justice, within the title of "How does the secure payment system, which has become mandatory in second-hand vehicle sales in notaries, works?" shared a video from its Twitter account explaining how the system works:

https://twitter.com/adalet_bakanlik/status/1294589815518900226

Deadline for the document submitting that they have business and
working licenses for the trade of second hand motor vehicles and the relevant workplace conditions

June 30, 2021

Deadline for the authorization certificate of the enterprises that trade
second hand motor vehicles and have not received the authorization certificate until today

August 31, 2020

Date of sanctions imposed on businesses that do not comply with the
obligation not to include misleading information and documents in advertisements

January 1, 2021

 

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REGULATION ON AMENDING THE REGULATION ON TRADE OF SECOND HAND MOTOR LAND VEHICLES

Zeynep KILIÇ | Dilara ATILGAN | Eda ATASÜ