Türkiye Odalar ve Borsalar Birliği Sançar Sefer SÜER, Head of Department, TOBB IRU 9th Symposium of Lawyers, Geneva – 24 February 2012

Türkiye Odalar ve Borsalar Birliği Türkiye Odalar ve Borsalar Birliği

Sançar Sefer SÜER, Head of Department, TOBBSançar Sefer SÜER, Head of Department, TOBBIRU 9th Symposium of Lawyers, Geneva – 24 February 2012IRU 9th Symposium of Lawyers, Geneva – 24 February 2012

Türkiye Odalar ve Borsalar Birliği

Overview:

1. TOBB

2. General Situation of Int. Road Transport in Turkey

3. Legal Infrastructure in Turkey

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Independent and DemocraticIndependent and Democratic

Non-profit OrganizationsNon-profit Organizations

Financed by their own SourcesFinanced by their own Sources

Compulsory MembershipCompulsory Membership

1.3 million enterprises

365 Local Chambers and Commodity Exchanges


BY VIRTUE OF THE AUTHORITY ISSUANCE OFBY VIRTUE OF THE AUTHORITY ISSUANCE OF;TIR CARNETS (674.315– 2011) ATA CARNETS (1.200 – 2011) INTERNATIONAL ROAD TRANSPORT QUOTA PERMITS (890.342 – 2011)DIGITAL TACHOGRAPH CARDS (21.600 – 2011) DOMESTIC GOODS TRANSPORT LICENCE (K-TYPE) (245.000 – 6 YEARS) ( 19.600 – 2011)FOCUSING ON OTHER UNECE CONVENTIONS;FOCUSING ON OTHER UNECE CONVENTIONS; AETRADRATPE-CMRHARMONIZATION CENVENTION (NEW ANNEX 8)

TAKING PART AT REGIONAL COOPERATION INITIATIVES;TAKING PART AT REGIONAL COOPERATION INITIATIVES; TRACECA, BSEC-URTA, ECO, REVIVAL OF SILK ROAD, FIRTA


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LOCAL DISTRIBUTIONLOCAL DISTRIBUTION

TIR Carnet

Bilateral Permit ATA Carnet

Domestic Licence

Digital Tachograph Card



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2008 2009 2010

Road *

Export 50.902.371

42.392.952 45.956.247

Import 41.296.231

33.514.497 42.445.729

Total 92.198.602

75.907.449 88.401.976

Total *

Export 132.027.196

102.135.007 113.883.219

Import 201.963.574

140.924.236 185.544.332

Total 333.990.770

243.059.243 299.437.551

RatioExport 39% 42% 40%Import 20% 24% 22%Total 28% 31% 30%

40% of exports (ad valorem) performed by road transportSource: TÜİK

* 1.000 $


1500 companies

60.000 trucks-only international (national >600.000)

One of the biggest in the world in quantity



Liability…

Road Transportation Code

Customs Code, Anti Smuggling Code

Commercial Code

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Under Road Transportation Code…

Since 2004 No transport without appropriate “licence” A1….T3 5 years Licence fees up to 135.000 €

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Under Road Transportation Code… Heavier requirements than EU for international freight transport-10 vehicles,

300 tonnes, min. 42.500 € capital max. vehicle age 20 At least 10 vehicles with max. 14 age Cargo/goods carried not to be banned from

sale, trade or transport licence holder liable CPC certificates for drivers and managers –

high level CPC and/or middle level CPC13



Appropriate vehicle, technical qualifications Qualified and sufficient number (?) of drivers

for the route, drivers licence Liability insurance ! Force majeure another route, take to a

point on the route, take back no additional charges

Longer prescription time- 2 & 10 years (ordinary debt claims 1 & 5/10 years)

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Under Road Transportation Code… Insurance-Passanger Transport

→ Road transportation financial responsability

→ + Individual Seat Accident

→+ Road traffic insurance (Road Traffic Code)

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Fines:→ Up to 1000 €

→ By 2008, decreased by half (2000 €)

→ Repetition provision abolished

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Former Anti-smuggling Codes Law no. 1918/1932

Heavy penalties/sanctions – up to 15 yrs. imprisonment; collective smuggling 2+ prs. 12 years

Transport companies “tolerating” to employees – same “fines” as smuggler

Officers & staff of transport companies – imprisonment &fines 1/2 increased

All vehicles “intentionally” used seized & confiscated

Law no. 4926/2003 “Economic sanctions for

economic crimes”– up to 6yrs. imprisonment; collective smuggling 2+ prs. ½ increase

“Responsable persons” of transport companies “tolerating” to employees – half “fines” of smuggler

Benefit from occupational convenience– imprisonment & fines 1/2 increased

Seizure & confiscation- only if secret cahce, most of the goods, vehicle is indispensable or forbidden/hazardous goods

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Anti-smuggling Codes (Former vs. Current) Law no. 4926/2003

“Economic sanctions for economic crimes”– up to 6yrs. İmprisonment; collective smuggling 2+ prs. ½ increase

“Responsable persons” of transport companies “tolerating” to employees – half “fines” of smuggler



5607/2007 More & longer imprisonment –up

to 6 yrs.; collective smuggling 3+ prs. ½ increase

Transport companies – security measures for legal persons



Repetition rules for administrative sanctions

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Road Transport in New Turkish Commercial Code TCC 1956 TCC 2011 (Law no. 6102) In force as of July 1st, 2012 Chapter IV – Transport Operations: 6 sections,

80 articles (German Act of 1998) Applies only if no international convention

applicable CMR not affected Generally in parallel with CMR (8.33 SDR/kg…)

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Road Transport in New Turkish Commercial Code Carrier to pay “utmost care” in carriage of

goods For household/office gears:

→liability up to 1500 SDR per loading volume→ transporter to dismantle & assemble

Longer prescription times: →3 yrs if transporter’s deliberate, reckless, careless action→ 10 yrs passenger’s death/injury

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Union of Chambers and Commodity Union of Chambers and Commodity Exchanges of Turkey (TOBB) Exchanges of Turkey (TOBB) Trade & TIR Department Trade & TIR Department Phone: + 90 312 218 22 41Phone: + 90 312 218 22 41Fax : + 90 312 218 22 44Fax : + 90 312 218 22 44e-mail : [email protected] : [email protected] [email protected]@tobb.org.tr

Documents

Türkiye Odalar ve Borsalar Birliği Sançar Sefer SÜER, Head of Department, TOBB IRU 9th Symposium of Lawyers, Geneva – 24 February 2012