Regulation on Transport Deal Organizer
The Regulation on Transport Deal Organizer (“Regulation”) entered into force through its publication in the Official Gazette dated August 27, 2022 and numbered 31936.
|The Regulation determines the service principles and terms of the transport deal organizators (“TIOé) that will operate in the field of road, rail, sea, or air transportation and/or combined transportation, and within this scope; it regulates the rights, responsibilities, and obligations of those engaged in these activities, recipients, and senders. The significant regulations within the scope of the Regulation have been determined as follows.|
|Pursuant to the Regulation, real persons and legal entities who will be involved in the activities of the transport organization within the scope of the Regulation must obtain the TIO authorization certificate to be issued by the Ministry of Transport and Infrastructure (“Ministry”).|
|Authorization, Renewal and Application Terms
With the Regulation, the following conditions are required to obtain or renew the certificate of authorization;
|Real persons must be citizens of the Republic of Turkey; legal entities shall be established in accordance with the laws of the Republic of Turkey and registered in the trade registry.|
|In real person(s), the persons who have and/or authorized to represent and bind, if any; in legal entities with the status of joint stock companies, the chairman and members of the board of directors, the general manager, and directors authorized to represent and bind; in legal entities with other company status, all partners and managers authorized to represent and bind this legal entity have professional reputation,|
|Having a capital of at least TRY 150.000,00.|
|Issuance of Authorization Certificates, Renewal, and Duration
Following the application to the Ministry, the Ministry shall complete its examination of the application within 30 days at the latest. The authorization certificates that are issued and renewed under the terms of the Regulation have a five-year validity period. Authorization documents to be issued for the first time for one time can also be issued for 1 year.
|Holders of authorization certificates shall submit a written request for renewal to the Ministry 90 days before the relevant authorization certificate’s validity period expires. Authorization certificates are renewed for a period of 5 years.|
|15% of the authorization certificate fee for that year is charged as the renewal fee.|
|In the event that a written application is made to the Ministry within 540 calendar days from the date of expiry of the validity period of the authorization certificate for the renewal of the authorization certificates, the authorization certificate shall be renewed on the basis of the date on which renewal fee is paid. The renewal fee must be paid within the 540-day period and as the valid renewal fee on the date of payment. If this period is exceeded, the relevant person will lose the right to renew the authorization certificate.|
|Education and Professional Competence
With the regulation, as a requirement of professional competence, it is stipulated to employ people who have at least one ÜDY3 type professional qualification certificate and that the holder of the authorization certificate has at least one ODY3 type professional qualification certificate for each branch that has been added to the trade registry and the authorization certificate as a branch.
|Suspension of Activity with Cancellation of Authorization Certificate
In accordance with the Regulation, the authorization certificates will be canceled if the real or legal entities of the holders of the authorization certificate come to an end or if they want to leave their activities for any reason and request the cancellation of the authorization certificates issued in their names.
|After the authorization certificate is given by the Ministry, the information and documents presented each transaction to be carried out are examined. If, as a result of the examination and research, it is determined that any of the declared information and documents have been falsified or that an unfair authorization certificate has been obtained or renewed or changed by giving a fake, the authorization certificate will be terminated.|
Administrative fines ranging from 585 Turkish Liras to 5.850 Turkish Liras will be applied due to violations of the Regulation.
|The Authorization Certificate Fee
TIO authorization certificate fee is 273.244 Turkish Liras; the fee for the 1-year certificate is determined as 70.000 Turkish Liras.
|Considerations Regarding the Discount of the TIO Authorization Certificate Fee
According to the Road Transport Regulation before the date of entry into force of the Regulation, when real persons or legal entities who have C2, C3, G1, G2, G3, G3*, H1, H2, K1, K1(O), K1*, K3, K3*, L1, L2, M1, M2, N1, N2, P1 or P2 authorization certificates are valid and apply to obtain a TIO authorization certificate within the scope of this Regulation, the date of first issue of the authorization certificate is taken as a basis. In addition, the TIO authorization certificate fee is determined according to the table in the Regulation, and this fee is collected and the TIO authorization certificate issued in their names.
|In the event that real or legal persons who are not within this scope apply to obtain a TIO authorization certificate, a 40% discount will be applied to the applicants in the fee for the certificate of authorization.|
|Real persons or legal entities who have a TIO authorization certificate before the date of entry into force of the Regulation will be added to the validity periods of the existing TIO authorization certificate for 10 years.
It should be noted that the aforementioned discounts are valid until July 14, 2023, in accordance with the Regulation.
With the Regulation, the necessary processes and requirements for professional eligibility to obtain the TIO authorization certificate were changed. The capital prerequisites that must be met in order to obtain the certificate were improved. It has been regulated that the discounts that will be valid until July 14, 2023 in document fees will be applied.
|Click here to access the full text of the Regulation.|
|For your kind attention,|