The Union of Turkish Bar Associations (TBB) brought a decision that entered into force in 2020 to the judiciary. This decision, prepared by the Ministry of Treasury and Finance, paved the way for the use of second-hand spare parts instead of original spare parts without the permission of the owner of a damaged vehicle. According to the Council of State, the decision contained in the communiqué titled “General Conditions for Amending the General Conditions of Motor Vehicles Compulsory Liability Insurance for Highways” was found to be unlawful.
According to the TBB, the decision in question was contrary to the Law on Advocacy, the Highway Traffic Law and the Code of Civil Procedure, in addition to the Constitution. The Council of State, as a result of its investigations, concluded that the TBB was right. According to this, the vehicles of third parties who are not a party to the insurance relationship and who are directly damaged will be repaired with second-hand parts only if approved.
Restricts property right
In the statements made about the issue, which is examined by the 8th Department of the Council of State and which concerns everyone who owns a vehicle, it was stated that the decision in question restricts the right to property and is against the law. The Council of State, which will discuss the case on the merits in the coming days, will make its final decision at that meeting.
After the Council of State hears the case, it will have stopped the implementation of the decision published in the Official Gazette on March 20, 2020. In addition, the institution will ensure that some articles in the same communiqué are amended. In this way, the rights of the citizens will be more protected in traffic accidents.
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