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New Regulations Are On The Way 31 August 2023

Some amendments were made to the Regulation on the Trade of Second Hand Motor Land Vehicles ("Regulation") and published in the Official Gazette dated 31 August 2023.

Accordingly, with the amendments,

1. Term "Law: Law on the Regulation of Retail Trade" in the definitions section of the Regulation has been repealed and became effective on August 31, 2023.

2. Changes have been made to Article 13 titled "Introduction and Advertisement of Second-Hand Motor Vehicles" of the Regulation. The changes (*) will come into effect 2 months after August 31, 2023. Accordingly,
  • The introductory sentence of the 4th paragraph of Article 13 of the Regulation, which reads as "Real or legal persons who mediate the advertisement of second hand motor vehicles on the internet are obliged to comply with the following matters:" has been amended as follows.

    "Real or legal persons who provide electronic media      for the advertisements for the sale of second-hand motor vehicles belonging to others are obliged to comply with the following matters:"
     
  • Subparagraphs of paragraph 4 of Article 13 of the Regulation have been amended as follows (*):

a) To provide facilities for enterprises to fulfil the obligation referred to in subparagraph (a) of the third paragraph.

b) To check the authorisation certificate through the Ministry's website or Information System before the membership of the enterprises and not to allow the membership of the enterprises that do not have an authorisation certificate.

c) In the advertisements placed by more than one enterprise for the same second-hand motor land vehicle, upon the request of the enterprise that owns the vehicle or has a vehicle delivery certificate for that vehicle, immediately remove the unauthorised advertisements from the publication.

(*) c) To verify the name, surname and Turkish ID number or foreign ID number and telephone number of the real person and the title and telephone number of the legal entity before membership or publication of the advertisement. To keep the verified information up to date and to store this information.

(*) ç) The vehicle subject to the advertisement belongs to the member placing the advertisement or, if this member is a real person, to his first and second degree blood relatives or spouse, or that the member placing the advertisement is authorised by the owner of the vehicle subject to the advertisement before publishing the advertisement

ç) To provide the opportunity to communicate with customer services in order to communicate requests and complaints regarding the advertisements via at least one of the internet-based communication methods and by telephone. To ensure that these requests and complaints are effectively managed and finalised.

d) To provide the opportunity to communicate with customer services in order to communicate requests and complaints regarding the advertisements via at least one of the internet-based communication methods and by telephone. To ensure that these requests and complaints are effectively managed and finalised.

d) To transmit information on announcements, complaints and memberships to the Ministry in accordance with the requests of the Ministry.

e) To transmit information on announcements, complaints and memberships to the Ministry in accordance with the requests of the Ministry.

e)To comply with the measures taken by the Ministry in order to develop the second-hand motorised land vehicle trade and to protect the consumer.

(*) f) To take measures to prevent advertisements that distort the market structure or mislead the consumer, to comply with the measures taken by the Ministry in order to protect effective and sustainable competition conditions and consumers.
 


 
  • By amending Paragraph 5 of Article 23 titled "Supervision and Penalty Provisions" of the Regulation (mentioned above), the sanction to be applied in case of violation of Paragraph 4 of the amended Article 13 is also determined.

    Accordingly, in case of violation of Article 13, Paragraph 4, the administrative fine stipulated in subparagraph (d) of the first paragraph of Article 2 of the Law on the Regulation of Electronic Commerce shall be imposed by the Ministry: "from ten thousand Turkish Liras to one hundred thousand Turkish Liras for each breach".

    There is no change in terms of violation of the provisions of the Regulation other than Article 13, Paragraph 4, and the administrative fines stipulated in Article 18 of the Law on the Regulation of Retail Trade will be imposed by the Ministry.

The amendment entered into force on the date of publication.

Respectfully submitted for your information.
 
 

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