License Plate Recognition System (PTS) and Evidence Value

Plate Recognition System (PTS) is a system in which vehicle license plates are automatically read through cameras. It is used in traffic control, fee collection (HGS, OGS) and detection of wanted vehicles.

Legal Framework

• KTK no. 2918: Electronic systems for traffic control.
• Misdemeanor Law No. 5326:Administrative fines.
• KVKK article 5: Data processing - legal basis.
• Law No. 5651: Data retention periods.

"False Positive" Problem

• The system sometimes reads the license plate incorrectly (especially with dirty, damaged license plates).
• Similar plates (confusion of numbers and letters) may be confused.
• Discussion about different vehicles with the same plate (fake plate).
• Camera angle and lighting quality are important.

Evidential Value

• PTS registration alone is sufficient for administrative punishment.
• Insufficient as sole evidence in criminal proceedings; Confirming evidence is sought.
• The identity of the driver cannot be proven only by the license plate.
• Checking that the vehicle is actually at that location.

Objection Ways

• Objection to the administrative fine to the criminal judgeship of peace within 30 days.
• The claim that the license plate is similar/fake.
• The claim that the vehicle was somewhere else at that time (alibi).
• Quality of camera recordings.

Supreme Court 19th CD and Administrative Jurisdiction — Established Approach

Administrative jurisdiction and the 19th CD seek the verification of the vehicle identification features (colour, brand, model) in case of an allegation of fake license plate, that the PTS data is in the nature of "presumption", that the presumption can be refuted with the reasonable objection of the driver.

KVKK and PTS

• The license plate is personal data (it provides access to the vehicle owner).
• Storage period should be limited (varies by legislation).
• Illumination text — roadside sign.
• Legal reason for sharing with a third party.

Fake License Plate Problem

If the license plate is claimed to be fake:

• Comparison of the vehicle's brand, model, color and photographs.
• Separate crime for fake license plate (TCK Article 204 forgery).
• What the victim driver must do: check, report a crime, renew license plates.

Practical Tips