Competence of Officers implementing the Traffic Law
Officers implementing the traffic law are divided into two groups: entity of traffic police and the mixed monitoring groups.
1) Entity of traffic police whose duty is to maintain the traffic order shall:
- Maintaining traffic order.
- Following up, patrolling and checking the act of traffic offences.
- Reporting on traffic-order situation, traffic law violation and traffic accident occurred.
- Fining on petty crime which is to be punished with interim penalty.
- Handling the traffic accident case, as stated in article 64.
- Monitor and making report of accident and if necessary, confiscate the driving license for temporary period and keep the vehicle the place based on article 61, article 65 and article 66.
- Making report attach with the dossier to be submitted to the court if defined by this law.
- The mixed monitoring groups which consist of officers from Ministry of Public Works and transport and other concerning ministries shall have duty to check traffic offenses if necessary. The duty of the mixed monitoring groups shall be determined by sub-decree.
Offenders have the right to lodge complaint to the court in the case that they disagree on incorrect decision on the fining on the offenses.
Traffic police officers have to keep the vehicles for examining by avoiding the traffic jams or causing the traffic accident.
Traffic police officers have the right to remove driving license to suspend (the driving) in the period not exceeding 1 month including the deduction of scores as stated in article 43 of this law for the following offenses:
1. Drive contradictory to traffic direction or drive in traffic direction with prohibiting sign.
2. Drive with the speed over 40 kilometers per hour against the speed limited in this law.
3. Not respect the priority right.
4. Not respect stop sign or red traffic blinking light.
5. Driving the vehicles with caterpillar tracks directly on the tarmac road.
Traffic police officers should not remove vehicle identification card or driving license in the case that there is no provision stated in the law.
In the case of traffic accident, based on the respective cases, the keeping of driver and vehicle for question and making report is the responsibility of traffic police officers at the accident place. In the case that the driver is under the influence of drunken substance or drug, the task has to be handed over to hospital for checkup and issue letter to specify the rate of drunken substance or drug to be enclosed with the report on the traffic accident to the court.
The traffic offences that are to be punished by putting in the jail or by fining in money shall be the duty of the court. In this case, the provincial and town traffic police officers have to send the report on the traffic accident through hierarchy to the tribunal by enclosing with the driver's and the victim's answers or witness's answers collected by traffic police officers. The documents, which are collected, should bear with clear and enough information to be sent to the court.
Offenses to the traffic law and traffic order with light penalty which are to be punished on the temporary basis are the responsibility of traffic police officers.
Traffic police officers have the right to coordinate the case of traffic accident, which is required only to compensate for the damage. If the coordination cannot be reached, the traffic police officers have to send the file to the court.
Traffic police officers have to file the lawsuit to the court against driver who breaks the traffic rule or traffic police's regulation by nullifying the driving license and void or suspending the driving license for a period of time as the following:
1. The suspension of driving license within the period not exceeding one year including the deduction of score as stated in article 43 of this law:
a. Driving in drunkenness with the rate of alcohol from 0.4 grams per liter of air or from 0.8 grams per liter of blood onward or under the influence of drugs or refused from performing the breathalyzing.
b. Fled away when provoking the traffic accident.
c. Go against the order of stopping vehicle or refuse from vehicle checkup.
d. Use of forged number plate or identification card or documents of vehicle for trafficking.
2. The declaration on the nullification of the driving license or the suspension not exceeding two years including the deduction of scores as stated in article 43 of this law:
a. Driving without respecting the traffic law and unintentionally caused people to be injured.
b. Driving without respecting the traffic law and unwillingly caused people to die.
In the case that the drivers commit offenses as stated in point 1 and 2 above the head of the police entities at the provincial or municipal levels shall have the right to suspend the driving license up to one year until the court sentences the cases. When the case is decided, the above decision shall be replaced with the decision of the legal sentences.
Traffic police officers have to prevent vehicle from trafficking or keep the vehicle until the fining is made in accordance with the case that the drivers have broken the traffic regulation or traffic police's order as followings:
1. The vehicle that its driver is in the drunkenness with the rate of alcohol more than 0.25 mg per liter of air or from 0.5 grams per liter of blood upward or under the influence of drug.
2. The vehicle that its driver refuses from examining the rate of alcohol and drug.
3. The vehicle overloads goods or passengers from its limit.
4. The vehicle that its driver has no driving license or has different driving license from the type of vehicle.
5. The vehicle that has no enough technical condition that can cause traffic accident.
6. Vehicle expels thick smoke or makes strong sound which is against the standard limit that interferes other road users or people living along the public road.
7. The vehicle that is on run without number plate and vehicle identification card or other permissions for trafficking.
8. The vehicle that carries goods or passengers that blocks or interferes the driver’s eyes.
9. The vehicle that parks and interferes or cause traffic accident to other road users.
10. The vehicle that parks on the road in town more than 72 hours.
11. In the case the vehicle was not brought for technical checkup as the time set or was not brought to repair in compliance with the time defined by the Ministry of Public Works and Transport.
Traffic police officers have to stop and keep the vehicle and prepare documents to be sent to the court for judgement for the driver who committed the traffic offences as the followings:
1. The vehicle involving traffic accident.
2. The vehicle that has the faked number plate or faked vehicle identification card or faked permission letter.
3. The vehicle that overloads goods or passengers that damages infrastructures such road and bridge.
The competent officers organize the monitoring and investigating forms and record the offences as follows:
1. The process of monitoring the offenses and the use of list book and making the statement of accident and or submitting the documents to the competent officers shall be determined by the common Prakas of the Ministry of Interior, Ministry of Justice, and Ministry of Public Works and Transport.
2. The process of paying the fining, the management of the fining receipt and the management of the income obtaining from the fining shall be determined by the common Prakas of Ministry of Interior, Ministry of Economics and Finance, and Ministry of Public Works and Transport.