The "Regulation Amending the Regulation on the Trade of Second Hand Motor Land Vehicles" was published.
The "Regulation Amending the Regulation on the Trade of Second Hand Motor Land Vehicles" was published in the Official Gazette dated 06.07.2023.
The date of the enter into force of the amendments to the Regulation is 15.07.2023 and includes important regulations for those who sell second-hand motor vehicles through advertisements.
With Article 1 of the aforementioned Regulation, the phrase "rules and obligations regarding the announcements of second-hand motor vehicles" has been added to the first paragraph of Article 2 of the Regulation on the Trade of Second-Hand Motor Land Vehicles published in the Official Gazette dated 13/2/2018 and numbered 30331, to come after the phrase "conditions sought in collective workplace and vehicle markets".
As it is known, Article 16 of the Law No. 6585 on the Regulation of Retail Trade authorizes the Ministry of Trade to determine the rules of professional conduct for those who trade second-hand motor vehicles and to make regulations regarding the conduct of these activities. Within the scope of this authorization, the Ministry has issued a Regulation on the Trade of Second Hand Motor Land Vehicles, and with the amendment made to Article 2 of the Regulation titled Scope, "rules and obligations regarding the advertisements of second hand motor land vehicles" has been included within the scope of the Regulation.
With Article 2 of the Regulation, the phrase "the first paragraph of Article 11 of the Law on the Regulation of Electronic Commerce dated 23/10/2014 and numbered 6563 dated 23/10/2014" has been added to the first paragraph of Article 3 of the Regulation on the Trade of Second Hand Motor Land Vehicles, after the phrase "subparagraph (b) of the first paragraph". With the amendment made, the first paragraph of Article 11 of the Law No. 6563 has been included among the bases of the Regulation on the Trade of Second Hand Motor Land Vehicles.
On the other hand, with Article 3 of the Regulation, Provisional Article 3 titled "Advertisement restriction" has been added to the Regulation on the Trade of Second Hand Motor Land Vehicles. The text of the article is as follows:
Advertisement restriction
PROVISIONAL ARTICLE 3- (1) Marketing of second-hand motor vehicles through advertisement at a price above the current sales price recommended by the manufacturer or distributor shall be considered as second-hand motor vehicle trade in terms of the application of this article.
(2) Marketing of second-hand motor vehicles through advertisement at a price above the current sales price recommended by the manufacturer or distributor cannot be done until 1/1/2024.
(3) Real persons or legal entities who act as intermediaries for placing advertisements for the sale of second-hand motor vehicles are obliged to warn those who enter advertisements contrary to the second paragraph before the advertisement is published and to transmit all information regarding the advertisements contrary to the aforementioned paragraph and the advertisers to the Ministry in accordance with the requests of the Ministry. The obligation to warn includes informing the advertiser about the current sales price of the vehicle recommended by the manufacturer or distributor and that the advertisement price to be entered will be in violation of this Regulation.
(4) Pursuant to the second paragraph, the Ministry is authorized to determine the class, brand, type, type, type, model year and, in case accessories and/or equipment are added, the maximum amount and/or rate that may be added to the current sales price recommended by the manufacturer or distributor."
Pursuant to paragraph (1) of the said provisional article, if a price above the current sales price recommended by the manufacturer or distributor is requested in the sales announcements made as of 15.07.2023, the sale will be considered as second hand motor land vehicle trade.
As it is known, in paragraph (1) of Article 5 of the Regulation on the Trade of Second Hand Motor Land Vehicles: "Second-hand motor land vehicle trade is carried out by businesses holding an authorization certificate. Unless otherwise determined by the Ministry, the sale of more than three second-hand motor vehicles within a calendar year, either directly or through intermediation, shall be deemed as second-hand motor vehicle trade." Pursuant to the amendment, even if one motor land vehicle is marketed through advertisement, if the advertisement price is above the current sales price recommended by the manufacturer or distributor, it will be deemed to be trading in motor land vehicles.
Pursuant to Paragraph (2) of the Provisional Article 3, the marketing of second-hand motor vehicles through advertisements at a price above the current sales price recommended by the manufacturer or distributor is prohibited until 1/1/2024, and with Paragraph (3), obligations are imposed on real or legal persons who mediate the advertisement of second-hand motor vehicles for sale.
To access the relevant regulation: "İKİNCİ EL MOTORLU KARA TAŞITLARININ TİCARETİ HAKKINDA YÖNETMELİKTE DEĞİŞİKLİK YAPILMASINA DAİR YÖNETMELİK"