In Thai newspapers, vivid photographs of road accidents pepper various pages on a daily basis, showing the tragedies that have befallen a family or families, in vivid Technicolor. The scenes of death on the road, often stared at in wonder for minutes; photographs of wreckage are taken and posted on social media, only to be forgotten, whilst families are left to sort out the hole and gargantuan damage exacted on the rest of their lives.
For foreign visitors or foreign residents in the Kingdom, the roads and laws of the road, or seeming disregard for the rules, can be a frustrating experience.
Other than the obvious but often ignored law, the Motor Vehicle Act 1979 – that all persons wishing to drive a motor vehicle must apply and obtain a driver’s license – are there any other rules of the road in Thailand?
Are there any speed limits?
There are, but they remain a mystery to many. These are supposed to be learnt quickly at the time of the driving test, but almost as quickly they appear to be forgotten. Ministerial regulations such as that of 1999 issued under the Highway Act 1992 set the maximum speed that any car in Thailand can drive at as being 120km/hr. Little point then, in driving a Ferrari along Thong Lor, a Lambourghini along Sathorn or around Layan Hills in Phuket unless you enjoy driving but underutilising a powerful engine.
Motorbike speeds are capped at 90km/hr.
There are a myriad of rules about trucks, depending on the load they carry and these are dictated by ministerial regulations issued mostly under the Land Traffic Act of 1979. For example, if you see a cement truck in Phuket with a load of more than 1,200kg – a rare sight indeed, the driver should be adhering to the limits of 60km/hr or 80km/hr depending on the location and ‘Zone’.
If you feel confused at this point, you should further note that if a road sign expresses a lower limit than that prescribed, the lower limit applies.
What is the maximum fine for exceeding a speed limit?
Amazingly, 1,000 THB under section 152 of the Land Traffic Act. Phuket Town
What is the standard of care that should be applied by all drivers?
If all people followed the road laws in Thailand, the following provision would, with enforcement, surely reduce the number of accidents and road deaths:
Section 43, Land Traffic Act 1979 (amended):
No driver shall drive a vehicle:
Well, there we have it: since 1979 these very sensible laws have been enshrined in the Thai legal system. No need to change the laws as they cover most behaviour.
Do I need to wear a motorbike helmet?
Phuket Town If you take a quick look around you, you might think not. However, section 148 of the Land Traffic Act 1979, states that the rider and the passenger of a motorbike, shall wear a helmet. There are exceptions for these rules, including for monks, novice monks, persons of religion persuasions under which a turban is required being examples.
Can I modify my bike and add a sidecar?
You are not allowed to modify a vehicle that does not meet registration requirements under section 14 of the Motor Vehicle Act 1979. If you do, you can suffer a fine of no more than 1,000 THB under section 60.
What if I park my Ferrari at Tesco Lotus and someone deliberately scratches it?
This unlikely event would be classed as criminal mischief, under section 358 of the Criminal Code with a penalty of either 6,000 THB or 3 years imprisonment, or both.
Is it acceptable to damage another vehicle in an accident, and simply drive away or flee the scene?
No. Any person who drives a vehicle and causes damage to another person or another person’s property, be it his fault or not, should stop the vehicle and give appropriate assistance, and immediately report to an officer who is on duty near to the scene, leaving his full name, address and the vehicle registration number with the injured person. The penalty for breach of this law is a fine between 2,000 THB and 10,000 THB, and/or 3 months imprisonment.
Are there laws requiring trucks, minivans and coach drivers to maintain their vehicles, including their brakes?
Of course: section 6 of the Land Traffic Act 1979 requires that vehicles on the road must be properly maintained. Failure to do so incurs a fine of 500 THB.
What are the penalties for offering a police officer a bribe?
Section 144 of the Thailand Penal Code states that whoever giving, offering or agreeing to give property or any other benefit to an official, a member of State Legislative Assembly, a member of Provincial Assembly or a member of Municipal Assembly so as to induce such person to do or not to do any act, or to delay the doing of any act contrary to one's own duty, shall be imprisoned for no more than five years or fined a maximum of 10,000 THB or both.
Phuket Town
What are the penalties for a police officer accepting a bribe?
Under section 149 of the Thailand Penal Code: ‘Whoever, being an official, member of the State legislative Assembly, member of the Changwat Assembly or member of the Municipal Assembly, wrongfully demands, accepts or agrees to accept for himself or the other person a property or any other benefit for exercising or not exercising any of his functions, whether such exercise or non-exercise of his functions is wrongful or not, shall be punished with imprisonment of 5 to 20 years or imprisonment for life, and a fine of 2,000 to 40,000 THB, or death.’
So there you have it: There’s no need to re-draft any laws – they exist already.
Desmond Hughes – Senior Partner, Hughes Krupica
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia.
www.hugheskrupica.com
Contact info:
Hughes Krupica Consulting
PHUKET (HEAD OFFICE)
Hughes Krupica Consulting Co. Ltd
23/123-5 Moo 2 Kohkaew Plaza
The Phuket Boat Lagoon
T. Kohkaew Amphoe Muang
Phuket 83000 Thailand
Tel: (0) 76 608 468
BANGKOK (SERVICED OFFICE)
Hughes Krupica Consulting (Bangkok) Co. Ltd
29/41 Soi Ladprao 22
Ladprao Road
Chankasem, Chatuchak
Bangkok 10900 Thailand
Tel: (0) 20 771 518
[email protected]
www.hugheskrupica.com
Contact info:
Hughes Krupica Consulting
PHUKET (HEAD OFFICE)
Hughes Krupica Consulting Co. Ltd
23/123-5 Moo 2 Kohkaew Plaza
The Phuket Boat Lagoon
T. Kohkaew Amphoe Muang
Phuket 83000 Thailand
Tel: (0) 76 608 468
BANGKOK (SERVICED OFFICE)
Hughes Krupica Consulting (Bangkok) Co. Ltd
29/41 Soi Ladprao 22
Ladprao Road
Chankasem, Chatuchak
Bangkok 10900 Thailand
Tel: (0) 20 771 518
[email protected]
www.hugheskrupica.com
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