Wednesday 02 August 2020
ABOUT THE TRADE OF USED MOTOR VEHICLES
AMENDMENTS TO THE REGULATION
Article 1 – 30331 published in the official gazette dated 13/2/2018 second-hand motor vehicles of the first paragraph of Article 2 of the regulation on trade as follows: amended the second paragraph of Clause (B) described in “people” the phrase “the businesses” was changed to, and following the same paragraph, bent added.
“(1) of this regulation; a natural or legal person merchants and craftsmen, artisans and second-hand motor vehicles in trafficking activities, the granting of the authorization certificate, Renewal and cancellation regarding second-hand Motor Vehicles who engage in trafficking in batch with the obligations of businesses in the markets place and vehicle requirements, second-hand motor vehicles methods of payment in trade, and the ministry, administrative and other relevant institutions and organizations in the second-hand trade in motor vehicles duties, powers and responsibilities covers.”
"d) the sale of vehicles leased by these enterprises for at least one year by enterprises engaged in the rental of Motor Vehicles.”
Article 2-Article 3 of the same regulation has been amended as follows.
“Article 3. – (1) this regulation Article 16 of the law on the regulation of retail trade numbered 6585 dated 14/1/2015 Paragraph (B) published in the official gazette No. 30474 dated 10/7/2018 specified in the presidential decree was prepared based on Article 446 1 presidential about the organization.”
Article 3-Article 4 of the same regulation has been amended as follows.
"Article 4 - (1) in the implementation of this regulation;
a) Ministry: Ministry of trade,
b) Information System: used motor vehicle Trade Information System,
c) ESBIS: artisan and artisan Information System,
d) used motor vehicles: motorcycles, automobiles, land vehicles, buses, vans, trucks and rubber-wheeled tractors defined in Article 3 of the Highway Traffic Law No. 2918 dated 13/10/1983 and registered,
d) trade in second-hand motor vehicles: the whole of activities related to the sale and marketing of second-hand motor vehicles, which are carried out directly or through mediation,
e) Provincial Directorate: Provincial Directorate of Commerce,
F) Law: the law on the regulation of Retail Trade,
d) MERSIS: Central Registry System,
d) Chamber of Commerce: the Chamber of Commerce and industry with the relevant chamber of artisans and artisans, the Chamber of Commerce and industry where the chambers of Commerce and industry are established separately,
h) Certificate of professional competence: a document based on the national qualifications of a consultant for the purchase and sale of motor vehicles (Level 4) and a consultant for the sale of motor vehicles (Level 5), which express the knowledge, skills and competence of a person, approved by the Professional Qualification institution,
I) Motor Vehicles trading Consultant: Marketing and sales personnel working under an employment contract in a business engaged in the trade of used motor vehicles,
I) responsible for the purchase and sale of Motor Vehicles: natural person merchants and artisans engaged in the trade of second-hand motor vehicles themselves, commercial companies and other legal person merchants and their authorized representatives who carry out these activities in branches,
j) TSE: Turkish Standards Institute,
k) top professional organization: Union of Chambers and Commodity Exchanges of Turkey and Confederation of artisans and Artisans of Turkey,
l) Certificate of authority: a document issued on behalf of commercial enterprises and artisans and artisans in order to be engaged in the trade of used motor vehicles,
m) authorized administration: municipal or provincial Special administrations and other administrations authorized to issue a license to open and work in a workplace,
Article 4-Article 5 of the same regulation has been amended as follows along with the title.
Article 5 - (1) the trade of used motor vehicles is carried out by enterprises with a certificate of authority. Sales of more than three second-hand motor vehicles carried out directly or by intermediation within a calendar year are accepted as second-hand motor vehicles unless otherwise determined by the Ministry.
(2) authorization certificate is issued, renewed and cancelled by the Provincial Directorate at the location of the enterprise engaged in the trade of used motor vehicles through the information system.
(3) in the authorization document issued on behalf of the commercial enterprise, as a minimum, the Mercis number and the business name and address registered in Mersis, as well as the trade name and address registered in esbis, and the business name and address registered in esbis, as well as the name, surname and T.C. an ID number or a foreign ID number is included.
(4) the authorization certificate is issued separately for each business and cannot be transferred.
(5) The Ministry is authorized to determine the content of the authority document and other procedures and principles related to the regulation of the authority document.”
Article 5-Article 6 of the same regulation has been amended as follows.
"Article 6 - (1) in order to issue a Certificate of authority to the business;
a) registration in the professional chamber,
b) income or corporate tax payer,
c) opening a workplace and finding a work license,
d) the presence of second-hand motor vehicle trade activities between the business issues in the Chamber of profession and tax records and the opening of a workplace and the work license,
d) responsible for the purchase and sale of Motor Vehicles;
1) eighteen years of age,
2) at least high school graduates,
3) even if he is not bankrupt or bankrupt, he has fulfilled his reputation in accordance with the provisions of the enforcement and Bankruptcy Law of 9/6/1932 and 2004,
4) did not request Concordat,
5) he Deliberately has not received a jail sentence for a crime committed more than five years definite or the security of the state, the constitutional order and the functioning of this order, national defense, espionage and crimes against national security, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging the performance of obligations, laundering of assets values from crime, financing of terrorism, smuggling, tax evasion or unfair acquisition of property, torture, he has not been convicted of sexual assault and child sexual abuse offences or has not been banned from trading and Performing Arts,
e) at least one of the persons responsible for the purchase and sale of Motor Vehicles has a Level 5 professional qualification certificate,
(2) The Ministry is authorized to impose a requirement for vocational education for the issuance of a certificate of authority and to determine the procedures and principles related to this education and the areas of education that provide an exemption from this requirement by taking the views of the relevant public institutions and organizations. Vocational training is provided by institutions and organizations deemed appropriate by the Ministry or the Ministry.”
Article 6-the first paragraph of Article 7 of the same regulation has been amended as follows and the following sentence has been added to the third paragraph.
“(1) an application for an authorization certificate is made through the information system, together with documents indicating that the conditions required for issuing an authorization certificate have been moved.”
"Businesses whose application for an authorization certificate has been rejected are notified through the information system along with the justification for this situation.”
Article 7-Article 8 of the same regulation has been amended as follows.
"Article 8 - (1) the authorization document shall be renewed if any of the information specified in the third paragraph of Article 5 is changed.
(2) renewal application;
a) if the business is transferred to another address, the license to open and work in the workplace is reorganized,
b) if the business address changes due to changes in the names or numbers of the neighborhood, street, Street and similar places, the license to open and work in the workplace is updated,
(C) if there is a change in any of the information specified in the third paragraph of Article 5, except in the cases specified in paragraphs (a) and (b), the change occurs,
it is done through the Information System within ten days from the date.
(3) the procedures and principles specified in the second and third paragraphs of Article 7 shall be applied in the renewal of the authority document.”
Article 8-Article 9 of the same regulation has been amended as follows.
"Article 9 - (1) Certificate of authority;
a) an entity that has lost any of the conditions specified in Article 6 shall make an application through the Information System within ten days from the date of occurrence of this situation,
b) if it is determined by the Ministry that it does not have any of the conditions specified in Article 6,
c) send the proposal within the period specified in the second paragraph of Article 8 due to renewal in writing or via the information system is carried out by the ministry within ten days send in the renewal proposal, despite the warning,
D) despite the warning made by the Ministry through the Information System or in writing to the business acting in violation of the provisions of this regulation;
1) if the contradiction is not eliminated within the given time period,
2) if the contradiction is repeated in the same calendar year,
will be cancelled.
(2) the authority certificate is notified to the cancelled business through the information system on the grounds of this situation.
(3) a business whose authorization certificate has been revoked in accordance with Paragraph (D) of the first paragraph, and businesses where the owner of the business is a representative of other businesses, a certificate of authority is not issued for a period of one year from the date of cancellation.”
Article 9-the first and second paragraphs of Article 10 of the same regulation have been amended as follows and the fourth paragraph has been repealed.