Traffic Law: Offences and Vehicle Impound
Most drivers in Baghdad and the provinces meet the traffic law through a fine rather than an accident: a slip handed over or stuck to the windscreen, or an entry that appears against the vehicle's record. Traffic Law No. 8 of 2019 governs this, and the office of Ali Barakat explains here how a fine is imposed and when a vehicle can be held.
Who imposes the fine
Article 28 gives a traffic officer, acting on what he sees or on monitoring screens, the authority of a misdemeanour judge to impose the fines set in articles 25, 26 and 27, using the standard judgment form annexed to the law. A traffic warrant officer up to the fourth grade has the same authority for a narrower set: article 25(3) and article 26. A traffic fine is therefore a judgment issued at the roadside or from a camera feed, not a mere administrative notice.
Tiers of offences
Article 25 sorts offences into three tiers. The first tier includes ignoring traffic lights or an officer's signals, careless and reckless driving, exceeding the speed limit, driving against the flow, tinted glass or curtains, driving without plates, a seller or buyer failing to complete transfer within thirty days, and a seller drawing up more than one contract for the same vehicle. The second tier includes breaching directorate notices, using a mobile phone while driving, unclear or hidden plates, turning where turning is barred, and driving a vehicle that fails roadworthiness conditions. Article 26 fines anyone who crosses the road outside designated crossings, so pedestrians are addressed too. Article 27 fines anyone who runs a driving school or opens a roadworthiness testing office without the required approvals, and this too is a fine the traffic officer may impose under article 28.
How the driver learns of the penalty
The judgment is handed to the driver, and refusing it counts as notice (article 28(4)). If the driver is absent, sticking the judgment on the windscreen counts as notice (article 28(5)). Fines are published on the directorate's official website within seventy-two hours. Checking a vehicle's record before selling or renewing is therefore sensible.
Paying, doubling and reduction
The fine is paid to the accounts officer within thirty days of notice, against a receipt. If it is not paid within thirty days of being imposed, it doubles once and the doubling is marked on the vehicle's computer record. If paid immediately or within seventy-two hours, it is cut by half. Article 29 excludes from doubling drivers of state, public and mixed-sector vehicles and drivers of vehicles on temporary customs plates; their fines are collected through their employer or through customs.
Holding the vehicle
Article 28(6) lets a traffic officer hold a vehicle for up to five days when its driver commits one of the offences in article 25(1). Some items in article 25 themselves require holding until the cause is removed, such as tint and curtains or missing plates. Article 32 allows holding for up to ten days for driving without a licence or with a withdrawn or cancelled licence. Article 3 allows an unregistered vehicle to be held; if the owner cannot prove lawful entry into Iraq within thirty days, it is passed to the General Customs Authority. See Releasing an impounded vehicle.
Repeat offending
Repeat offending is met by licence withdrawal. Article 31(2) lets a court, at a traffic officer's request, withdraw a driving licence for up to ninety days where the driver returns to committing offences. Article 31(3) lets courts rely on photographs and data from monitoring equipment, breath and alcohol testing devices and the accident scene sketch. A driver who thinks a fine is wrong can use Objecting to a traffic fine within fifteen days.
Legal basis and sources
Frequently asked questions
Is a traffic fine a judgment or a notice?
A judgment. Article 28 gives the officer a misdemeanour judge's authority and the decision is issued on a judgment form.
What happens if I do not pay within thirty days?
The fine doubles once and is marked on the vehicle's record.
Can the fine be reduced?
Yes, by half if paid immediately or within seventy-two hours of being imposed.
Related topics and articles
- 01Objecting to a Traffic FineHow to challenge a traffic fine under article 30 of Iraq Traffic Law No. 8 of 2019: the objection committee, the fifteen-day window, evidence and the effect of the decision.
- 02Releasing an Impounded VehicleWhen a vehicle can be held and how it is released under Iraq Traffic Law No. 8 of 2019 and the Criminal Procedure Code: traffic impound, unregistered vehicles, cars seized after an accident, damage and towing charges.
- 03Driving Licence: Grant, Withdrawal and RenewalDriving licences under Iraq Traffic Law No. 8 of 2019: conditions and age by class, validity and renewal, invalidation, court withdrawal, and foreign licences.
- 04Compulsory Motor Insurance and Traffic CompensationIraq Compulsory Motor Insurance Law No. 52 of 1980: automatic cover, no-fault compensation, driver injury, unidentified vehicles, notice period and limitation.
- 05After a Collision or Run-Over: The Record and Your RightsLegal steps after a collision or run-over in Iraq: getting the injured person to hospital, reporting, the accident scene sketch, complaint before the investigating judge, notifying the insurer and preserving evidence.