Transportation has always been necessary and significant in business life since it enables trade between people, which in turn establishes civilizations and is a key necessity for specialization, allowing manufacturing and consumption of products to occur at different locations. Transportation has throughout history been a stimulator for improvement; better transport allows more trade and a greater spread of people. Economic growth has always been dependent on increasing the capacity and rationality of transport.

Likewise the other necessities in human life, the transportation matter also requires legal regulations before the gradual developments in this field. As distinct from the other goods carried, the transportation of alcohol is subject to different regulations.

In Turkey, “alcohol” was used to appear in a special fragile property class in transport and particular warranties were required. However, these requirements were loosened within the context of European Union harmonization with new legislation and the routes were relieved. For instance, the warranties were provided for the transport.

In the context of alcoholic beverages’ legal requirements for transportation to Turkey, the warranty of transferor is directed to Turkey and needs ‘T2 Certificate’, which is requested pursuant to the relating ‘Regulation on Road Transportation’ enacted by The Ministry of Transport, in order to realize this transaction accordingly. The sanction of the infringement of this Regulation – for instance not obtaining an authorization certificate (T2 Certificate) – is encountering administrative fines. The goods containing alcohol is transported to the internal customs of Turkey with the warranty of receiver.

Since the TIR (Transports Internationaux Routiers) warranty(IRU/International Road Transportation Union) warranty, which is regulated by ‘The Convention on International Transport of Goods Under Cover of TIR Carnets (TIR Convention)’, does not cover the transportation of alcoholic beverages except for beer and wine, the special warranty of the receiver is being blocked to the customs.

In the event that, a special agreement does exist between the transporter and the customer; the non-stopping of the vehicle is sought. In accordance with the agreement, the vehicle must enter into special parks and stay there for the lingering, thus, it shall not stop at anywhere. In addition to this, the marching ban for the night time is provided for those being around, through the vehicles in risky areas.

Since the land warranty is not being used in the transportation of these alcoholic beverages to the non-EU countries, the transportation of these is generally being realized via railroad, even it is not obligation. The reason of this choice of transporting of alcohol via railroad to the non-EU countries is the highness of the warranty amounts.

ADR is an Agreement concerning the International Carriage of Dangerous Goods by Road, and Turkey became a contracting party to this Agreement in 2010. If the carriage conditions are subject to ADR, which is an IMCO (Inter-Governmental Maritime Consultative Organization) class, the vehicle’s and the driver’s convenience of this type of goods is sufficient for the transportation. The special requirements are as follows: a) A special license for the ADR transportation and b) the special equipment in the vehicle. This special and different equipment can be exemplified as; ADR reflectors, helmet, glasses, gloves and boots. “The Regulation on Transportation of the Hazardous Substance by Road” is enacted in the direction of the ADR and regulates the carriage of this type of substances.

Firstly an authorization certificate has to be obtained by the transporter company or real persons to carry those substances and permission has to be always obtained from the competent authorities in each case. Besides, in accordance with the Article 22 of the Regulation on Transportation of the Hazardous Substance by Road, the driver of the vehicle carrying hazardous substance has some obligations regarding the diligence in transport. With regards to the punishments, in case of failure to comply with these provisions, Crime/Infringement Report was issued with Act on Road Transportation Administrative Fine Decision Report by the authorized persons set forth in Article 12 of this Regulation and administrative fine is collected from the transporters.

Consequently, because of the importance of the alcohol, alcoholic beverages and hazardous substances, these matters’ regulations differ from and it is natural to be stricter from the other goods’ transportation.