The execution of the circular, which transferred the authority of bus transportation to airports from municipalities and transferred to private enterprises, was stopped by the Council of State. IMM; He informed the Istanbul Governorship and Istanbul Police Department in writing that the HAVAIST company, which transports to Sabiha Gökçen Airport, was operating illegally and without authorization without a UKOME decision.
Metropolitan Municipality Law No. 5216; “planning transportation services in metropolitan cities; to carry out, establish, have it installed, operate, have it operated and give license to public transportation vehicles” to the Metropolitan Municipalities.
With this authority, Istanbul Metropolitan Municipality (IMM) not only makes effective and efficient planning of transportation within the framework of the city, but also leads the way in providing the highest quality and healthy public transportation service by generating revenue on behalf of the public.
The authority to transport from Sabiha Gökçen Airport to the city center was transferred to IETT with the decision of UKOME, and HAVABÜS won the tender in 2011 in line with this decision.
However, the Ministry of Transport and Infrastructure had exceeded its authority in a circular published in 2020 based on Article 2920 of the Turkish Civil Aviation Law No. 44, titled "Ground services", and gave the authority to open tenders for airport transportation services to private companies operating the airport by obtaining the authority from the Municipalities (Public).
IMM started to impose fines on the HAVAIST company, which transports to Sabiha Gökçen Airport in violation of the law and without a UKOME decision, thus providing unfair income.
The Istanbul Police Department, on the other hand, stopped the HAVABÜS buses and started to impose fines and tying vehicles instead of the vehicles of the HAVAIST company, which has been serving illegally on the same route in the past weeks. In line with the provisions of the Highway Traffic Law, the company HAVAIST, which works without permission from the IMM, still does not impose fines and tying a vehicle.
Simultaneously, the 8th Chamber of the Council of State, in the lawsuit filed against the relevant circular of the Ministry of Transport and Infrastructure, found the objections to be justified and stopped the execution of the circular, saying that "Laws cannot be interpreted in a way that would abolish the authority given to the municipalities". Thus, it was decided that the circular authorizing a private company to make a tender and transport passengers in the city was illegal, the tender was illegal, and the practice was illegal because it was not a UKOME decision.
IMM, on this development; He wrote an official letter to the Istanbul Governor's Office and the Istanbul Police Department, stating that the HAVAIST company, which transports to Sabiha Gökçen Airport, operates in an unauthorized manner without the decision of UKOME.
As IMM; We aim to put an end to this illegal practice by continuing to use our legal powers against the illegal transportation activity carried out by Havaist company.
WHAT HAPPENED IF THE TENDER PROCESS HAS BEEN CONDUCTED IN ACCORDANCE WITH THE LAW?
Within the scope of the law numbered 5216; The transportation between the airport and the city would be handled by the IMM, which is a public institution, and in this way, millions of liras of income would be obtained and this income would be used for 16 million Istanbul residents. In addition, the transportation service would comply with the law and citizens would have a quality service with the guarantee of IMM.
While public authorities, resources and lands remain in the public domain; It would be used for the benefit of the people, for the people, with the supervision, control and participation of the people, and 16 million Istanbulites would win. If the authorities of the Metropolitan Municipalities were not tried to be taken away, the revenues of the city would be prevented from going to private companies unlawfully. There would be no unfair resources transferred to private companies, municipalities deprived of millions of liras of resources, and citizens deprived of that resource.
On the other hand; An understanding that cares about the legal, effective and efficient use of public resources, providing income to the public and providing a quality, qualified and safe transportation service to the public would prevail.
Remaining within the legal department of Istanbul Metropolitan Municipality (IMM), its resources and authorities; It will continue its efforts to use it for 16 million Istanbul residents for qualified and safe service.
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