Attorney Thanakrit noted the loophole Road Traffic Act due to tragic incident of big bike crashing into Dr. Rabbit Carelessly bumping into a person crossing a zebra No suspension of driver’s license revocation The law on behavior cut off scores have not yet been issued, despite the amendment of the Road Traffic Act since 62, the penalty for speeding over the limit, no matter how much or less, uses the same rate.
On January 26, Dr. Thanakrit Worathanatchakul, Provincial Attorney at the Office of the Attorney General
perform official duties Director of the Office of Judiciary Coordination Nitiwat Institute
Attorney General’s Office Post a Facebook post commenting on the law in the case of a police officer riding a big bike into a rabbit doctor Regarding the remarks about the penalty according to the Road Traffic Act, “According to Police Lieutenant Colonel Norwich Buadok, riding a big bike, Dr. Waralak Supawat Jariyakul or the rabbit doctor While crossing the crosswalk until he died, I would like to give you my personal academic opinions that are legal observations regarding the penalty under the Road Traffic Act, B.E. 2522 as follows:
1. Driving recklessly, hitting a pedestrian crossing the road in a zebra crossing, the Land Traffic Act does not impose a penalty for suspension of a driver’s license or revocation of a driver’s license.
The Road Traffic Act provides a penalty for courts to suspend a driver’s license or revoke a driver’s license. Only in certain offenses such as street racing, violating section 134, punishable by section 160 bis, taking drugs or psychotropic substances while driving, violating section 43 bis, punishable by section 157/1, driving while intoxicated Liquor or other intoxicated things violate section 43 (2), punishable by section 160 ter.
but reckless driving that may cause harm to persons or property under Section 43 (4), such as reckless driving, hitting a pedestrian crossing the road in a zebra crossing and the fault accordingly The Land Traffic Act has many grounds for offenses such as driving on the sidewalk without a reasonable cause. Driving without regard to the safety or suffering of others, the Road Traffic Act does not impose penalties for the court to suspend a driver’s license or revoke a driver’s license like other offenses mentioned above.
Although Section 162 stipulates that the court has the power to, in its discretion, suspend a driver’s license or revoke a driver’s license in the event of an offense under the Road Traffic Act, the court may or may not have the discretion to impose this punishment. It is not a compulsory that the court must punish this offender as if the punishment was clearly set for the court to revoke the driver’s license or suspend the driver’s license above. which if there is an offense It will be a compulsion for the court to suspend a driver’s license or revoke a driver’s license as required by law.
2. There has not yet been a law for children to cut their behavior scores despite the amendment of the Road Traffic Act since 2019.
Road Traffic Act, Section 142/1, amended in 2019, requires the Royal Thai Police to provide a system for recording driving behavior scores of drivers license holders. by recording behavior scores which includes setting points, cutting points and returning points It shall be in accordance with the rules, procedures and conditions jointly determined by the Commissioner-General of the Royal Thai Police and the Director-General of the Department of Land Transport and published in the Government Gazette. In the event that the driver’s license has been cut off the driving behavior score until the specified score is exhausted. to suspend the driver’s license of the licensee for 90 days each time
However, until now No secondary or child law under section 142/1 has yet been enforced, causing the cut off driving behavior under section 142/1 to be unenforceable.
3. The Road Traffic Act stipulates the same rate of penalties in case of speeding too much.
Driving faster than the speed prescribed by the law violates section 67, paragraph one, is subject to a penalty under section 152, shall be liable to a fine not exceeding one thousand baht, regardless of how much faster the speed is stipulated by the law. and whether driving over the speed limit at any place, there will be a fine not exceeding 1 thousand baht as well.
But the faster the car, the faster. or driving in a place where there is a risk of danger, such as in front of a school, dense community The severity of the offense is greater and there is a greater likelihood of harm and accidents. Therefore, there should be different penalty rates according to speed. in excess of the rate required by law and according to the location of driving over the speed limit as well as in areas that are at risk of danger and accidents how much which in many countries such as France and the United States Different penalty rates were applied at different speeds and locations. to comply with the severity of the offense
4. The court should also have the power to exercise its discretion to punish violators with additional additional penalties. To be suitable for the offender and the behavior of the offense such as the provision of social services or to work in the public interest, etc.
