PROBLEMS ON ENFORCEMENT OF LAND TRAFFIC ACT B.E.2522 A CASE STUDY ON POWERS OF TRAFFIC POLICE

Abstract

          The article aimed to study the problems arising from the enforcement of the Land Traffic Act B.E.2522, with a focus on traffic officers’ authority. It explores their roles in using the wheel lock device, issuing announcements and regulations related to traffic, as well as utilizing discretion to issue warnings instead of direct orders.

          In this study, the researcher analyzed and compared concepts, theories, and principles relevant to traffic laws and traffic officers’ authority used in foreign countries – namely the United States of America, Germany, and Japan – with those in Thailand. It was found that the traffic laws in Thailand granted excessive authority to officers. In addition, the law was found to possess deficiencies in terms of criteria, controlling systems, discretion, and public participation. These caused inefficiencies in law enforcement. Road users do not obey the traffic laws or are not afraid of committing offences due to inappropriate law enforcement or the punishments for offenders, placed an undue burden on the public, and paved the way for fraudulent activities.

          Therefore, this study recommends 1) the amendment of the law by eliminating provisions that grant officers the authority to use the wheel lock device and maintaining    the authority to relocate cars parked in prohibited areas; 2) the restriction of the officers’ authority in issuing the announcements and regulations related to traffic and incorporating the provisions that empower local administrative organizations to enact traffic regulations;   3) the amendment of the provisions of Section 140 of the Land Traffic Act B.E. 2522 to grant traffic officers the discretion to issue warnings instead of traffic tickets to drivers with no prior history of violating traffic laws. These are broadly helpful to promote and support respect and compliance with the law in order to diminish accident and enhance road safety.