One of the notable proposals is the regulation on temporary detention of exhibits, vehicles, licenses, and professional certificates according to administrative procedures (Article 112).
This regulation has some main points as follows:
The temporary seizure of exhibits, vehicles, licenses, and professional certificates according to administrative procedures is only applied in the following truly necessary cases:
To determine administrative violations or to clarify the details in the violation case that if not temporarily seized, there is no basis for making an administrative violation record or issuing a penalty decision, including cases of temporary seizure to appraise the value of administrative violation exhibits as a basis for determining the fine frame and sanctioning authority as prescribed in Article 49 of this Law.
To immediately prevent administrative violations that, if not temporarily detained, will cause serious consequences for society.
To ensure the enforcement of the sanctioning decision according to regulations.
The temporary seizure of exhibits and vehicles must be terminated immediately after verifying the details used as the basis for the penalty decision, the violation no longer causes danger to society or the penalty decision is enforced.
In case of being allowed to pay fines many times according to the provisions of this Law, after paying the first fine, the violator is allowed to receive back the exhibits and vehicles that have been temporarily seized.
The person who makes the record of temporary detention, the person with authority to make the record of administrative violation for temporary detention is responsible for preserving exhibits, means of administrative violation, licenses, and professional certificates.
In case exhibits, means of administrative violation, licenses, professional certificates are lost, sold against regulations, swapped or damaged, missing components, replaced, the person issuing the decision to temporarily seize must be responsible for compensation and be handled according to the provisions of law.
In case of applying the form of monetary fines to individuals and organizations committing administrative violations, the person with sanctioning authority, the person with the authority to make a record of administrative violations has the right to temporarily seize one of the types of documents in the following order: driver's license or vehicle circulation permit or other necessary documents related to exhibits and vehicles until that individual or organization completes the sanctioning decision.
If the violating individual or organization does not have the above documents, the person with sanctioning authority may temporarily seize the exhibits and means of administrative violation.
