The Regulation on theTrade of Second Hand Motor Land Vehicles (“Regulation”) is published in the Official Gazette on 13.02.2018. The Regulation is prepared based upon Law on the Regulation of Retail Trade numbered 6585.
THE SCOPE OF THE THE REGULATION
The Regulation regulates the following headings for the natural and the legal entity tradesmen and merchants and craftsmen who are dealing with trade of second hand motor land vehicles.
- Commercial transactions of the second hand motor land vehicles,
- Rules and procedures on submission, renewal, and annulment of licence,
- Required qualifications for enterprises, collective workplaces and markets trading second hand motor land vehicles,
- Patterns of payment on commercial transactions of second hand motor land vehicles,
- Liabilities of notary publics on the trade of second hand motor land vehicles,
- Duties, authorities and responsibilities of the Ministry, competent administrative agency and the other relevant institutions and organizations on the trade of second hand motor land vehicles
THE PERSONS WHO MAY ENGAGE IN TRADING SECOND HAND MOTOR VEHICLES AND LICENCE
The trade of second hand motor land vehicles is run by merchants and craftsmen who own a licence for their enterprise. The licence is given, renewed and cancelled by the provincial directorate in where the enterprise running second hand motor land vehicle trade is located.
OBLIGATIONS RELATED TO THE ACTIVITIES
Vehicle Delivery Document: A vehicle delivery document is issued for second hand motor land vehicles delivered to the enterprise dealing with the trade of second hand motor land vehicles to be offered for sale.
Identification Card: An identification card involving the latest introductory information about the vehicle in an easily observable and legible manner is carried on the second hand motor land vehicle which is offered for sale.
Survey Report: Prior to the selling of second hand motor land vehicle a survey report is received by the enterprise holding a licence and in the course of selling a copy of the report is given to the buyer.
Guarantee: For three months or five thousand kilometers starting from the date of sale; the engine, transmission, torque convertor, differential and electricity system of the second hand land vehicle and motorcycle is under guarantee by the enterprise engaging in the sale of second hand motor land vehicles. The enterprise can fulfill its guarantee obligation by insuring the subjects included in the scope of guarantee. The subjects that are excluded from the scope of guarantee are counted in the Regulation.
The natural and the legal entity tradesmen, merchants and craftsmen who are engaging in the trade of second hand motor land vehicles as of the effective date of this Regulation, in order to be qualified to continue their operations, have to fulfill the conditions stated in the Regulation and obtain a licence in one year starting from the effective date. The condition of being a high school graduate is excepted.
Second hand motor land vehicle markets established prior to the effective date have to meet with the requirements stated in the Regulation, within two years starting from the effective date.
The provisions of the Regulation on professional competence certificate shall enter into force after three months from the publication.
The provisions of the Regulation on survey report and transitional provisions shall enter into force after six months from the publication.
The other provisions of the Regulation shall enter into force in the date of publication.