Recent Developments
Amendments to the Road Transport Regulation
The Regulation Amending the Road Transport Regulation (“Amendment“) published in the Official Gazette dated 15 May 2025 and numbered 32901, has introduced significant amendments to the Road Transport Regulation (“Regulation“).
The Amendment is available here (in Turkish).
What Does the Amendment Introduce?
A. Courier Operation
I. The Definition of Courier Operation
- “Courier operation” is included within the scope of the Regulation as real or legal persons that have been licensed to conduct courier operations under the Regulation on Postal Sector Authorization, or to transport and/or distribute items under its own supervision by engaging in commercial/private transport operations.
II. Courier Operation Licensing
- A Type-P license will be issued to real or legal persons that will conduct courier operations for commercial or private purposes within the same province or between neighboring districts of different provinces. Those operating within the same province or between neighboring districts of different provinces will be issued a P1 license. Those operating in one or more provinces, either within the same province or between neighboring districts of different provinces, will be issued a P2 license.
- Applicants for a P1 license must own at least five motor vehicles and have a paid-in or business capital of TRY 100,000 (approximately USD 2,575); and applicants for a P2 license must own at least 30 motor vehicles and have a paid-in or business capital of TRY 500,000 (approximately USD 12,875).
- For real or legal persons applying for a P1 license to operate with a maximum of 3 vehicles, upon submitting a written application to the Ministry of Transport and Infrastructure (“Ministry“); (i) the minimum capacity and capital requirements specified above will not be required, (ii) the requirement to have at least one professional qualification certificate for a mid-level manager or to employ a person with this qualification will not apply, and (iii) an 85% discount will be applied to the license fee. The relevant discount rate will be 95% until 15 November 2025.
- Companies that have been issued a P1 license can only establish branches within the province where their registered address is located for the operations specified in their license. Companies that have been issued a P1 license to operate with a maximum of three vehicles cannot operate in locations other than the addresses specified in their license.
- Those that have been issued an M1 license under the Regulation will be able to operate under the P1 license, and those that have been issued an M2 license will be able to operate under the P2 license.
III. Eligible Vehicles Under Type P License
The Regulation introduces provisions regarding the number, class, age, and qualifications of vehicles that are eligible under P1 and P2 licenses. Accordingly;
- Commercial or private motorcycles, mopeds, commercial vans, or commercial vehicles may be registered in the P1 and P2 license attachments. Contracted vehicles may be registered up to twice the number of owned vehicles to the P1 license attachments and up to 10 times the number of owned vehicles to the P2 license attachments. A contracted pickup truck or automobile cannot be registered in the P1 license attachment, and a contracted automobile cannot be registered in the P2 license attachment. No additional contracted vehicles can be registered in the P1 license attachment for those holding a P1 license with a maximum of 3 vehicles, except for vehicles obtained through a financial lease agreement or a long-term lease agreement.
- Motorcycles or mopeds to be registered in the P1 or P2 license attachment must not be older than 10 years. However, until 15 November 2025, the maximum age requirement for motorcycles or mopeds registered in the P1 or P2 license attachment will be 15 years until the license’s first renewal date.
- Pickup trucks that will be registered under the P1 and P2 license attachments must be no older than 20 years at the time of the initial application and throughout the period of operation.
- Automobiles to be registered in the P1 and P2 license attachments will not be taken into account in calculating the minimum capacity.
- If a motorcycle or moped with a P1 or P2 license contains a transport box, this transport box must comply with the Procedures and Principles on Post and Telegraph Organization Joint Stock Company Domestic Sorting and Dispatch System and be recorded in the vehicle registration records.
- Automobiles acquired through financial leasing agreements or long-term leasing agreements will also be taken into account in calculating the minimum capacity required for the P1 license.
IV. Terms and Obligations for Couriers
- Convicted individuals of certain offenses will not be eligible to be couriers. In this regards, couriers must have no criminal records involving crimes against national security, theft, fraud, forgery, abuse of trust or smuggling, as well as certain crimes specified in the second part titled “Crimes Against Individuals” and the third part titled “Crimes Against Society” of Turkish Penal Code No. 5237. P1 or P2 license holders that operate without a courier certificate or that employ unlicensed couriers for their operations will be issued three separate warnings for each courier. Couriers with a criminal record for the specified crimes and the license holders that employ these couriers will be subject to an administrative fine of TRY 16,420 (approximately USD 420) for each courier. This administrative fine is expected to be amended in accordance with the Road Transportation Law and range from TRY 17,000 (approximately USD 438) to TRY 170,000 (approximately USD 4,380).
- Couriers must obtain a courier certificate (SRC-Moto Courier SRC – Courier Activity Certificate) within 1 year.
- For the protection of users and service providers, P1 and P2 license holders; (i) cannot accept courier deliveries to addresses where delivery is not possible, (ii) will deliver the item they receive to the recipient within a reasonable time without undertaking any commitment regarding the time of the delivery, (iii) unless otherwise agreed in an agreement with the sender, they will return the item to the sender within the same time period if they are unable to deliver it to the recipient for any reason, (iv) will deliver the item to the recipient upon the recipient’s request and upon the recipient’s/sender’s acceptance of the request to open the item, (v) will take the necessary measures if If the item contains perishable food, (vi) upon the recipient’s request; they will provide services such as delivery time slots, contactless delivery or delivery to third parties, and (vii) cannot carry items whose sale, shipment and trade are prohibited.
- P1 and P2 license holders will provide protective equipment to the couriers they employ in line with the relevant legislation and will monitor its use. P1 and P2 license holders will print the word “KURYE” (eng. Courier) and their company’s U-Net numbers on the reflective vests and helmets included with the protective equipment to provide visibility.
- P1 and P2 license holders will register each courier carrying out operations within the scope of their license on the courier list.
V. Other Obligations of Type P License Holders
- P1 license holders that are legal persons must employ at least one person with a mid-level manager professional qualification certificate or a person with equivalent qualifications.
B. Type S License
I. Definition of Type S License
Type-S licenses have been included within the scope of the Regulation. They are to be issued to real and legal persons that will provide domestic transportation services for commercial purposes.
II. Type S Licensing
- S license applicants must (i) have the minimum capacity, with at least one bus, (ii) have a paid-in or business capital of TRY 100,000 (approximately USD 2,575) (if the applicant is a legal person) and (iii) conclude agreements with the community consisting of the location/company/institution/organization/individuals to whom the service will be provided. For real or legal persons applying to the Ministry in writing for an S license to operate with a maximum of three buses, (i) the requirement to have at least one mid-level manager professional qualification certificate or to employ a person with these qualifications will not apply, and (ii) a 95% discount will be applied to the license fee.
III. Eligible Vehicles Under Type S License
- The Regulation introduces provisions regarding the number, class, age, and qualifications of vehicles that are eligible under type S license. Accordingly;
- Vehicles with restricted license plates cannot be registered in the license attachment. However, regarding restricted vehicles be attached to the S license; If the Metropolitan Municipality Transportation Coordination Centers (“UKOME”) or provincial traffic commissions issues a decision concluding that the vehicles in question may be used in accordance with the Regulation and that this use will not adversely affect the public transportation needs determined as a result of the transportation plans, programs, and needs analysis, the vehicles subject to the decision may be registered as restricted-use vehicles.
- A maximum of 100 buses can be registered in the S license attachment. Contracted buses can be registered in the S license attachment, provided that the number of buses does not exceed half of the total number of buses of the same type. However, no contracted vehicles can be attached to the S license of legal persons licensed to operate with a maximum of 3 buses.
- Vehicles registered in the S license attachment cannot be used for the operations of real or legal persons that are outside the scope of the license in which the vehicle is registered and/or that do not have a license.
- S license holders that use vehicles registered in the license attachment that are outside the scope of the license for which the vehicle is registered and/or for the operations of real or legal persons that do not have a license will be given 50 warnings. If 10 warnings are issued and delivered within a calendar year, the relevant license will be revoked.
- Each vehicle registered in the S license attachment will be able to carry out service operations at a maximum of 3 different locations/companies/institutions/organizations.
- Vehicles registered in the S license attachment cannot be used for service operations by groups consisting of places/companies/institutions/organizations/individuals that are not specified on the vehicle.
- For vehicles to be registered in the license attachments, the purpose of use must be “passenger transport” for vehicles to be registered for passenger transport operations and “cargo transport” for vehicles to be registered for cargo transport operations. This is except for vehicles to be added to those registered in the S license attachments.
IV. Other Obligations of Type S License Holders
- S license holders that are legal persons must employ at least one person who holds a mid-level manager professional qualification certificate or has the relevant qualifications.
C. Other Amendments
- The Amendment also introduces new rules regarding vehicles that can be registered for passenger transport, the employment of female drivers, the use of tachographs, and shuttle services.
Conclusion
The Amendment introduces significant updates to the Regulation, particularly ensuring supervision and safety concerning motorcycle courier services. In this regard, stakeholders in the sector should closely examine the Amendment, act in accordance with the obligations it sets forth and take the necessary steps to ensure compliance.
