Confiscation to Motorcycle Keys: What Does the Law Say?

Recently, motorcycle riders have been sharing posts on social media about police seizing motorcycle keys during traffic checks. If your motorcycle doesn't have a license plate or you've committed a serious traffic violation, the police can take your key. However, if your documents are in order and your license plate is present, this practice is illegal.

In other words, seizing your key arbitrarily during a routine check is not lawful. Such actions can cause both financial and emotional harm to riders. Taking a rider’s key restricts their freedom of movement, which may constitute the crime of “deprivation of liberty” under Article 109 of the Turkish Penal Code.

If there’s no evidence of a crime, the police have no legal grounds to forcibly take your key.

Do You Have a Plate? You Don’t Have to Hand Over Your Key!

You've been stopped in traffic, and everything is in order: your license plate, registration, and insurance are valid. So why is the police officer asking for your motorcycle key? In this case, the law is clear: according to Law No. 2918 on Highway Traffic, if your motorcycle’s documents are complete, the police do not have the right to take your key. Such arbitrary key seizures only serve to unnecessarily inconvenience riders.

During safety inspections, if your motorcycle has no license plate or if your documents are missing, the police can take your key. But if everything is in order and the key is being taken purely as part of the check, don’t hesitate to stand up for your rights. You’re not required to hand over your key in such situations because this is not a lawful request.

The Pressure of Having to Push Your Bike After the Key Is Taken

There’s also the issue of trying to push your motorcycle after your key has been seized. Many motorcycles weigh 150 kg or more. Trying to push such a heavy vehicle with the ignition off is really difficult. Police actions like this put both physical and psychological pressure on riders. Improperly moving your bike can also cause damage.

Furthermore, since taking your key and pushing the bike is an action outside of your control, the responsibility lies with the police. If your motorcycle gets damaged in this process, compensation may be required. When your key is taken, not only is your freedom of movement restricted, but there is also an increased risk of damage to your vehicle.

Saying "Turn Off the Camera" Is Not Legal!

Many motorcycle riders record traffic stops with a camera. Recording in a public place is a legal right. Article 20 of the Constitution and Article 134 of the Turkish Penal Code protect the privacy of private life. However, these articles do not prohibit recording in public places. If the police officer’s face is not explicitly shown, demanding that you turn off your camera is entirely unlawful.

When a police officer tells you, “Turn off the camera,” you are free to remind them of the rights the law gives you. Recording the inspection protects both you and the officer. As long as their face is not explicitly shown, interfering with your right to record is illegal. Know your rights and, if necessary, continue recording.

The Threat of "Resisting Police": Is It Real?

When you refuse to hand over your key, police officers often threaten, saying, “You are resisting police; I’ll file charges!” But here’s an important point: not handing over your key does not count as resisting police. Resisting requires showing physical resistance or violence against the officer. Simply refusing to hand over your key does not fall into this category.

These threats are often used to intimidate and force riders to comply. However, staying calm and simply stating that you are asserting your rights is the best approach. You cannot be charged with resisting the police simply for standing up for your legal rights. As long as you act within legal boundaries, these threats are empty.

Filing a Complaint Is Your Right

If you’ve been stopped in traffic and your documents and license plate are in order, seizing your key is completely illegal. If you face such arbitrary actions, you can file a criminal complaint with the Public Prosecutor’s Office. You can also submit a complaint via e-Devlet to the General Directorate of Security, requesting an investigation into the officer’s misconduct.

In such situations, staying calm, knowing your rights, and following the legal process is your strongest weapon. Before handing over your key, think twice and question whether the police have the authority to take it.

Remember, when you know your rights, no one can put you in a difficult position.