In this study, we will discuss two main topics: the first is the nature of the traffic fine and its types, and the second is the nature of this fine and its legal basis. In addition to these two main topics, there are other important topics included in this study that are concerned with the problems that the traffic fine addresses.

The study of the authority of the administration to impose traffic fines in Iraq is considered one of the important legal researches in the administrative field because it sheds light on the legal authority that the law has granted to administrative bodies to impose traffic fines on violators, or to take administrative organizational or individual decisions that include these fines. In this case, it finds itself facing two matters: the first is that the law determines in advance the path that the administration must follow in practicing its activity, and thus its authority is restricted and it does not have the freedom to make a decision except according to the path that the law has drawn for it in advance. The second matter is that the law gives the administration the freedom to make an administrative decision or the freedom to practice the activity that it specializes in, and this freedom is granted by the legislator to the administration as a result of the expansion of its activity, and in this case its authority is discretionary. When the law grants discretionary authority to the administration, it gives it the advantage of monitoring the appropriateness in making the administrative decision, which helps it to apply the rule of justice and equality during the practice of its activity because it can, through this authority, take into account the circumstances of the individual to whom the law is to be applied.

Therefore, we will clarify, while examining the subject of administrative authority in imposing traffic fines, the following matters: -

The importance of this study is represented in clarifying the authority enjoyed by the Traffic Department to impose traffic fines, whether these fines are within the headquarters of the Traffic Directorates on vehicle owners as a result of their violation of the vehicle registration controls of various types or outside these directorates on vehicle drivers who commit traffic violations while driving their vehicles or committing actions that violate the rules of safe traffic and movement. This importance is also represented by the contribution of this study in clarifying to road users the violations that deserve a traffic fine according to Traffic Law No. (8) of 2019. This study also aims to contribute to increasing traffic awareness, which results in protecting lives and money and reducing congestion and crises that hinder traffic.

Second: The study problem:

The research problem is represented in a number of questions that we are trying to shed light on so that they can be addressed by the Iraqi legislator, including:

1. Are traffic fines imposed by the competent administrative bodies sufficient to control road users and thus lead to their commitment to traffic rules?

2. Are there other ways other than traffic fines that lead to achieving the protection of public order from the perspective of deterring violators of traffic rules and protecting the lives and property of citizens?

3. Is the amount of the fine imposed by traffic departments on drivers who violate the traffic law commensurate with the amount of damage caused by this violator to others, or do these fines need to be reconsidered and increased in order to be a deterrent to all road users?

4. Is the large number of vehicles entering directly proportional to the capacity of the country's external and internal roads, because the large number of vehicles entering Iraq without studying it leads to an increase in the problem of vehicle congestion in the streets and roads, and thus leads to a large number of traffic accidents and the commission of violations that require the imposition of traffic fines on drivers who violate the traffic law?

5. Is the entry of different vehicles into the country met with the upgrading of the registration of old vehicles that are already present inside the country, so that a balance is achieved in the number of vehicles used?

Third: Study Methodology 

The analytical approach was followed to analyze the legal texts represented by the current Iraqi Traffic Law No. (8) of 2019 and the repealed Iraqi Traffic Law No. (86) of 2004 and other Iraqi legislations related to the research topic to reach the goal that this study seeks to reach. And to address the weaknesses in the laws related to that and to identify the traffic problems that can be related to traffic fines.

Fourth: Study objectives

 This study aims to know the nature of the traffic fine, its types, its essence, its legal basis, and its role in protecting public order, and to direct the legislator's attention to increasing the granting of the Traffic Department in Iraq discretionary authority to impose these fines, since the traffic officer has been granted the authority of a misdemeanor judge under Article (28/First/A) of the Iraqi Traffic Law No. (8) of 2019, which states (The traffic officer, upon his viewing or monitoring on the monitoring devices, has the authority of a misdemeanor judge to impose the fines stipulated in Articles 25-26-27 of this law for traffic violations that occur before him or that appear on the monitoring      screens, and the penalty is issued according to the model judgment attached to this law).

Accordingly, the traffic officer is considered a misdemeanor judge who is supposed to be granted discretionary authority in imposing the fine. The fine should have a maximum and a minimum limit, just as the misdemeanor judge in the court is granted discretionary authority to determine the appropriate punishment for the accused, such as imprisonment or a fine.

This study also aims to increase the traffic culture of the community by defining the nature of the traffic fine, who it is imposed on, and the ways that avoid citizens from being exposed to such fines. Therefore, citizens’ knowledge of these fines and knowledge of the reasons that lead to their imposition will have a positive impact on the community by reducing traffic accidents, material and human losses, and commitment to traffic laws, regulations and instructions to avoid these fines.

Fifth: Research Structure:

This research is divided into two requirements. The first requirement deals with the definition of traffic fines and their types. It is divided into two branches. The first deals with the definition of traffic fines. The second branch deals with the types of these fines. The second requirement deals with the nature of traffic fines and their legal basis. It is also divided into two branches. The first branch deals with the nature of traffic fines. The second branch deals with the legal basis of traffic fines.

Which we will discuss in succession as follows:

Definition of traffic fines and their types

The responsibility of the administrative bodies in the state is to protect the public order in the country and coordinate relations between citizens to stabilize the general situation and use administrative control powers to achieve this and the General Traffic Department is among those public institutions of the state that use them for the purpose of achieving administrative traffic control and thus protecting the public order and achieving the public interest by the Traffic Department holding vehicle drivers accountable and imposing fines, whether it imposes them on vehicle drivers who violate traffic regulations and laws on streets and public and internal roads or imposes them on vehicle owners when they review the traffic directorates when they violate the laws and regulations of registering vehicles of various types.

The General Traffic Department in Iraq and its affiliated traffic directorates in the governorates have the authority granted to them under Traffic Law No. (8) of 2019 and other Iraqi legislation to hold accountable drivers of vehicles of all types, as well as pedestrians who violate traffic laws and regulations and decisions issued by the Ministry of Interior and the General Traffic Directorate in accordance with the laws in force, which road users must adhere to, otherwise they will be exposed to legal issues, including the imposition of a traffic fine. To define the authority of the Traffic Department to impose fines, we divided this requirement into two branches. In the first branch, we discussed the definition of the traffic fine, and in the second branch, we addressed the types of traffic fines, as follows:

THE FIRST SECTION

Definition of traffic fine

First: Linguistic definition

(G.R.M.): Fine: permanent evil and torment, and the Almighty’s saying: (Indeed, its punishment is a fine) Abu Ubaidah said: meaning destruction and obligation for them. A man who is in debt: from the fine and debt. He may be infatuated with something: meaning he is addicted to it [1] And he imposed his fine and the debtor: he imposed on him to pay it  [2]

And he imposed him and he imposed him with fines meaning. Fine: what must be paid, and so is the fine and the fine, and the man imposed the blood money with the broken fine  [3]

Second: The technical definition

A fine is obligating the convicted person to pay a cash amount to the state treasury, as determined by the competent court  [4] A fine is a financial penalty in which the pain is represented by obligating the convicted person to pay the financial amounts to the state according to the purpose specified by the law. As a result, a creditor relationship is established between the debtor, who is the convicted person, and the creditor, who is the state. Because of this relationship, it is the judicial ruling that proves the convicted person’s responsibility for the act he committed in violation of the law, and based on that, it was decided that he should be bound by the penalty of a fine  [5]

Third: The legal definition of a fine

It is obligating the convicted person to pay to the public treasury the amount specified in the ruling. The court takes into account, in assessing the fine, the financial and social status of the convicted person, what he benefited from the crime or expected to benefit from it, the circumstances of the crime, and the status of the victim  [6]

The fine here means punishment, intended to cause pain to the offender, not compensation, because it directly affects the financial liability of the convicted offender [7]

The administrative fine: is what the administration imposes as a penalty on those who violate the law. Among the advantages of the administrative fine is that it achieves rapid deterrence and reduces the burden on judicial bodies, in addition to the ease of imposing it on natural and legal persons  [8]

Financial fine: It is one of the penalties that affect the financial status of the person who violates the law without affecting his body, freedom or social status. It is one of the most important financial penalties that the administration resorts to in the face of any breach or violation of laws, regulations and instructions. Therefore, we find that most legislations were keen to stipulate it and regulate the authority of the administration in exercising it  [9] Traffic Law No. (8) of 2019 included the traffic fines that the traffic officer can impose on the driver who violates this law. They are many and varied and are stipulated in Article (25) thereof [10]

SECTION TWO

Traffic Fines Types

The fine is one of the most commonly used administrative penalties to limit harmful human activities and may take several forms. It may be an amount of money imposed by the administration on the violator, or it may be in the form of fixed and specific fees imposed on each wrong behavior as in traffic crimes, or it may be in the form of imposing an increase in taxes and fees  [11]

The fine is of several types. It may be specified with two limits, or it may be the opposite, such as being specified in its minimum limit without its maximum limit. This type of fine is known as a fixed fine. The fine may be relative according to the percentage of damage resulting from the harmful act, or it may be according to the benefit gained by the offender. The fine may be daily  [12] We will present these types of fines according to the following:

1. The fixed fine

It is the simplified form of the fine and means obligating the convicted person to pay a specific amount not less than or more than a specific limit to the state treasury. The criminal policy has dictated to the criminal legislator to follow two methods in determining the amount of the fixed fine on the person who committed it. Once, the estimation of its value is between two limits, as the legislator stipulates in this type of fine a minimum and a maximum limit for the value of the fine, leaving it to the competent judge to estimate it between the two limits. However, in the case of determining only the maximum limit for it, the legislator is satisfied with determining the maximum limit, leaving it to the competent judge to estimate the minimum limit of the fine according to the circumstances and conditions of each case, provided that it is not less than the general minimum limit set for the penalty of the fine.

1. The relative fine

It is the fine whose estimation is linked to the amount of actual or potential damage to the crime or its estimation is linked to the benefit that the perpetrator achieved or wanted to achieve from the harmful act he committed.

1. Daily fine

This type of fine means that the fine imposed is estimated according to the double standard and takes into consideration the financial situation of the perpetrator of the harmful act that requires this fine. The daily fine system represents a special importance as the law allows the fine amount to be proportional to the perpetrator’s financial capabilities, and this achieves a kind of justice 

Despite this importance of the daily fine, many Arab legislations were devoid of establishing this type of fines, especially in environmental pollution crimes, while some European legislations adopted it, and the daily fine penalty is the most widely used in this field. It is worth noting here the major role played by the utility police in protecting public order by implementing laws and legislation.

 These agencies impose various fines according to their jurisdiction, as the utility police arrest all street vendors who practice the profession without a license and without obtaining the necessary health certificates and who display their goods, including food and others, without the approval of the relevant authorities. As for combating noise, the utility police prevent the spread of workshops and factories within residential areas. As for the utility police that concerns us in this study, it is the traffic police, which primarily occupies the road in the streets and sidewalks so that they are clear for pedestrians and reduce the use of warning devices. 

The traffic police issues traffic violations that include financial fines for violators who cause traffic obstruction. Administrative fines are issued by specific administrative bodies such as the competent minister or environmental protection agencies or special committees that the law forms and determines their jurisdictions, and the fine amount is doubled if the harmful act or the act that violates the law is repeated 

The second requirement

The subjectivity of the traffic fine and its legal basis

In this requirement, we will discuss the subjectivity of the traffic fine, which includes what distinguishes this type of financial penalties from other financial penalties and the characteristics that distinguish it in the first section of this requirement. As for the second section, we will devote it to the legal basis of the traffic fine in national legislation according to the following:

THE FIRST SECTION

The subjectivity of the traffic fine

The traffic fine is distinguished from other financial penalties, such as its distinction from confiscation, for example. Confiscation is one of the financial penalties that can be imposed on a person who violates the law. The basis of confiscation is that it is a criminal penalty decided by criminal courts, while the administrative, according to administrative law, may decide confiscation as a supplementary, secondary or original penalty to confront some administrative crimes 

As for the traffic fine, it is imposed by the Traffic Department directly by its officers and employees without obtaining prior approval from the judiciary based on Traffic Law No. (8) of 2019 in accordance with Article (28/First/A) thereof, which stipulates that (the traffic officer, based on his observation or monitoring of the monitoring devices, has the authority of a misdemeanor judge to impose the fine stipulated in Articles (25, 26, 27) of this law for traffic violations that occur before him or that appear on the monitoring screens, and the penalty is issued in accordance with the model judgment attached to this law) 

As for the characteristics of the traffic fine, the position of the Iraqi legislator was clear and explicit in adopting the administrative fine system because he saw that it has a great impact in achieving protection for public order and achieving the goals of general deterrence due to the speed of this administrative procedure in achieving the goal it seeks compared to the criminal fine, which requires lengthy procedures to achieve.Some jurists add another method to the methods of administrative control, which is the right of the administration to impose an administrative penalty, which is a severe measure on the material and moral interest of the individual, which the administration takes with the aim of protecting public order, and this penalty is exercised by the administration not in its capacity as a judiciary in imposing punishment, but rather it imposes it in its capacity as a public authority based on the task of administrative control and based on an effective law 

It is worth noting that the characteristics of the public order are many and varied, including that the rules of the public order are characterized by flexibility and development, and its rules are characterized by being mandatory rules, and that the sources of these rules are multiple and varied and characterized by generality, and that the goal of the authorities based on them is to protect the public order .The researcher believes that: The financial penalties imposed by the competent administrative bodies on violators of the laws from individuals and institutions represent therapeutic methods used as a deterrent method to protect the public order, and thus the law gave the Idrisis the right to impose them directly on the financial liability of the violator, and among the advantages of the traffic fine is that it achieves speed in general deterrence and leads to the commitment of vehicle drivers to the laws and regulations of traffic and reduces the burden on judicial grants, in addition to the ease of its prevention by the competent administrative bodies in the traffic departments, which are represented by the officers and members authorized to impose them under the law related to that.

SECTION TWO

The legal basis for traffic fines in national legislation

We find the legal basis for traffic fines in national legislation in a number of Iraqi laws, including Traffic Law No. (8) of 2019 in Articles (25, 26, 27, 28), as Article (25) thereof states:

First: A fine of (200,000) two hundred thousand dinars shall be imposed on anyone who commits any of the following acts.

1. Failure to comply with traffic lights or traffic police signals.

2. Driving a vehicle with negligence and recklessness.

3. Driving a vehicle at a speed exceeding the legally prescribed speed.

4. Violating the rules of traffic on the highway.

5. Driving a vehicle in a manner contrary to the traffic front prescribed by the traffic authorities.

6. Driving a wheel with tinted glass or carrying curtains and it shall be impounded until the tinting and curtains are removed.

7. Driving his vehicle without registration plates and the wheel shall be impounded until the plates are completed.

8. Failure to cover the load of the cargo vehicles tightly and in a manner that ensures that the load does not fly, scatter or fall during its movement or shake.

9. Exceeding the height set for carrying materials or increasing the load on the sides of the cargo vehicles according to what is determined by the traffic police.

10. The seller or buyer who does not review the traffic department to transfer ownership of the vehicle within (30) thirty days from the date of signing the contract.

11. The seller if he has organized more than one contract for the same vehicle.

Second: A fine of (100,000) one hundred thousand dinars shall be imposed on anyone who commits any of the following acts:

1. Violating the data and instructions issued by the General Traffic Directorate.

2. The driver using a mobile phone while driving a vehicle.

3. Driving a vehicle with an unclear, damaged or hidden license plate or registration plate that is difficult to see.

4. Turning from places where turning is not permitted.

5. Not stopping when exiting from a side street to a main street.

6. Stopping on the right side at intersections and preventing the flow of traffic.

7. Driving a vehicle that does not meet the requirements of strength and safety stipulated in this law.

Third: A fine of (50,000) fifty thousand dinars shall be imposed on anyone who commits any of the following acts:

1. Driving a vehicle with a driving license not specific to the type of vehicle.

2. Failure to review the competent registration department for the purpose of registering the vehicle or confirming its position after a period of (30) thirty days from the vehicle sale or registration letter.

3. Not carrying a driving license or registration license or refusing to give it when requested by a traffic officer.

4. Stopping a vehicle in a place where parking is prohibited.

5. Not giving priority to pedestrians who have crossed the crossing area.

6. The driver and the passenger next to him not wearing a seat belt while driving the vehicle, and children up to the age of (8) years are prohibited from sitting in the front seat of the car next to the driver.

7. Using high beams and dazzling lights at night in a way that affects road users.

8. Using an aerial or multi-tone warning device or one that resembles animal sounds or installing loudspeakers or whistles that disturb road users.

9. Wrong passing from the right.

10. Placing decorative stickers, advertising, writing or drawing on the front and rear windshields.

11. Violating visible and ground traffic signs.

12. Driving a motorcycle with an engine capacity of less than (40) cc on main streets.

Article (26):

A fine of (25,000) twenty-five thousand dinars shall be imposed on anyone who crosses the street from areas other than those designated for crossing.

Article (27):

A fine of (1,000,000) one million dinars shall be imposed on anyone who practices the profession of teaching driving or opens an office to inspect the conditions of strength and safety without obtaining the necessary approvals.

The administration's imposition of traffic fines as an administrative financial penalty contributes to a large extent to protecting the public order, considering that these fines are a procedural deterrent in controlling the street and protecting security, which leads to organizing traffic and reducing traffic accidents, thus protecting public and private property and preserving the lives of citizens.

In this study, we have addressed the definition of traffic fines, their types and nature, what distinguishes them from other financial penalties and their legal basis. Through this study, we have reached a set of results and proposals that may contribute to serving the community, which are as follows:

First: Results

1. Traffic directorates contribute to protecting public order through traffic fines imposed by their authorized officers in accordance with the applicable traffic law.

2. Traffic fines are distinguished from other financial penalties by their effectiveness, speed of application, and effective impact in controlling violators of the law.

3. Imposing traffic fines by traffic officers who were granted, under Iraqi Traffic Law No. (8) of 2019, the authority of a misdemeanor judge for the purpose of imposing these fines has contributed to a large extent in reducing the burden on the judiciary in imposing these penalties.

Second: Proposals

1. We suggest to the Iraqi legislator to activate artificial intelligence in imposing traffic fines on all violations and not to limit this to specific violations as is currently practiced, and to activate the electronic messages that arrive on the driver's phone when he commits a traffic violation.

2. Increase the amounts of traffic fines so that this will be a deterrent to not violating the traffic law and traffic regulations and rules.

3. Set a maximum and a maximum limit for the amounts of traffic fines and give powers to the traffic officer to impose the appropriate fine against the violating driver according to the circumstances of each case.

The authors declare that they have no conflict of interest

No funding sources

The study was approved by the Al-Ayen Iraqi University, Thi-Qar, Iraq.

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