'6 months and 6 thousand kilometers' limit for second-hand car sales
The regulation, which introduced a 6-month and 6 thousand kilometer requirement for the sale of second-hand vehicles, entered into force after being published in the Official Gazette. With the new regulation published in the Official Gazette, those engaged in the trade of second-hand motor land vehicles will not be able to sell vehicles before the limit of 6 months and 6 thousand km as of the registration date. The prominent points in the regulation amendment prepared with the opinions and contributions of sector stakeholders regarding the trade of second-hand motor land vehicles are as follows: The sale of automobiles and off-road vehicles that have not exceeded six months and six thousand kilometers as of the initial registration date is prevented within the scope of commercial activity. Auto galleries, authorized dealers, vehicle rental companies and persons selling second-hand automobiles and off-road vehicles within the scope of commercial activity will not be able to market or sell automobiles and off-road vehicles that have been first registered until July 1, 2023 unless six months and six thousand kilometers have passed as of the initial registration date. The marketing and sales restriction will end on July 1, 2023. Cars and off-road vehicles registered in the names of those engaged in the trade of second-hand motor vehicles before the effective date of the regulation may be marketed and sold without any restrictions until September 15, 2022. Those engaged in the trade of second-hand motor vehicles are allowed to sell vehicles currently registered in their names until September 15, 2022. If the sale of the vehicles in question is not made by September 15, 2022, the marketing and sale of these vehicles may not be made unless six months and six thousand kilometers have passed from the initial registration date. No restrictions have been imposed on individual sales. Second-hand motor vehicle sales made by end consumers will be excluded from this regulation. However, since sales of more than three cars and off-road vehicles made by end consumers in a calendar year may also be considered within the scope of commercial activity, the sale of these vehicles may be included within the scope of the six months and six thousand kilometers restriction from the initial registration date. Restriction on marketing and sales of only automobiles and off-road vehicles The regulation will restrict only the marketing and sales of automobiles and off-road vehicles. Vehicle types such as trucks, buses, vans, etc. are not included in this restriction. All sales and marketing activities to be made directly or indirectly by those engaged in the trade of second-hand motor vehicles will be evaluated within the scope of this restriction. In addition to vehicles purchased by those engaged in the trade of second-hand motor vehicles, the marketing or sales of vehicles registered under any third party through those engaged in the trade of second-hand motor vehicles will also be evaluated within the scope of this restriction. For example, since advertisements placed by those engaged in the trade of second-hand motor vehicles will also be evaluated within the scope of marketing activities, they will be subject to inspection. Inspections will be increased Inspections conducted by our Ministry on sales records and field inspections to identify activities contrary to the marketing and sales restriction will be increased. In addition, complaints from our citizens will be processed immediately. The regulation will be applied temporarily and may be extended for another six months if necessary. Since the regulation aims to prevent excessive and unfair price increases currently experienced in the sector, this Regulation will remain in force temporarily until July 1, 2023. Our Ministry may extend the implementation of this regulation for up to six months, taking into account market conditions and public expectations. Minister Muş made a statement regarding the decision Minister of Trade Mehmet Muş provided information about the new regulation in his speech on August 10, 2022. Muş had announced that they would impose restrictions on the immediate sale of brand-new vehicles purchased by companies, galleries, and renta-cars. In his statement, Muş said, “You look at the advertisements for brand-new second-hand vehicles. Therefore, new vehicles are purchased and sold with a higher price added. There is a situation that triggers each other in automobile prices. We have prepared the Regulation. After the initial registration, we are restricting the sale of brand-new vehicles purchased by companies, galleries, and renta-cars before they exceed 6 months and 6 thousand kilometers. Let those who really need them buy them. In this way, they will be truly second-hand. If there are issues such as joint price determination or market manipulation in companies, that is the duty of the Competition Board and it has opened an investigation and is examining it. If there is a mistake, it will take the necessary action, if not, it will close it. We think that after the regulation is published, the public will have more access to first hand. We will not be faced with an advertisement saying second hand is new.”