Abolition of the one-kilometer road speed penalty in the Turkish court

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A citizen named Nebi Kahn learned that he had been sentenced to an administrative fine for exceeding the speed limit while driving on the D-650 motorway on August 27, 2021 at 08:29 to go to Bzouzek with a notice sent to the address of Bilecik Department of Registration and Traffic Inspection Branch.

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Nebe was also informed of an administrative fine for violating the relevant article of the Highway Traffic Law (KTK) on the grounds of speeding violation by Electronic Control System (EDS) which came into effect on March 12, 2018 in Central and Bilecik has appealed to the Criminal Court.

The court requested information and documents from the Bilecik Police Department regarding the traffic fine, which is the object of the objection.

The letter sent by the Police Department on November 16, 2021 stated that the traffic violation was notified on October 18 that the vehicle violated the KTK line at a speed of 122 kilometers per hour on the date of the violation.

It exceeded the speed limit by 122 kilometers per hour by 11 per cent, and related images were sent.

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In the article, it was also mentioned that the speed limit specified in the regulations and indicated on the plates was exceeded by 12 kilometers per hour.

The court cited the findings in the book “Highway Speed”.

When examining the appeal petition and the police response letter, the court confirmed the book “Speed ​​on the Highways” issued in April 2014 by the General Administration of Highways, Traffic Safety Department, Department of Transportation Studies.

Accordingly, it is stated in the book that radar and laser based velocity systems were compared with each other.

It was noted that although the price of laser-based systems was higher, they came out on top with the advantages of their use and gave better results than radar in terms of the accuracy of the velocity data collected.

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The book states that both systems can measure speeds up to very high speeds with a margin of error of 2-3 kilometers per hour.

But the radar system is more affected by environmental factors, and this situation increases the margin of error because measuring speed and adverse weather conditions such as winds cause surrounding objects to occur.

It has been confirmed that vibrations can cause the vehicle’s speed to be misdiagnosed in the radar equipment.

The court said: “In light of this scientific publication and decisions, science requires that each measuring device have a margin of error” given that radar devices have a margin of error of 2-3 km / h in the inspection that takes place in the area where the speed limit is 110 km / h (121 km/h with an increase of 10%).

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The driver traveling at a speed of 122 km / h was fined without assessing the margin of error, and its implementation has been reported.

The court accepted the objection by not ruling the fine in accordance with the procedures and the law, and decided to cancel the report of the fine decision dated August 27, 2021 and the administrative penalty decision issued by the Criminal Procedure Office of the Traffic Registration Inspection Branch in Bilecik.