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Bus Owner Charged Over Last Week’s Deadly Crash


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Bus Owner Charged Over Last Week’s Deadly Crash

By Teeranai Charuvastra, Staff Reporter

 

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Cremation ceremony for the bus crash victims takes place Tuesday in Kalansin province

 

BANGKOK — The owner of a bus company was charged Tuesday for allegedly allowing one of his employees to drive a bus under the influence of drugs, resulting in a crash that killed 18 passengers last week.

 

Sayan Boonsanam, owner of Gun Eng Tours, was charged under traffic law with an offense that carries a maximum penalty of two years in jail. The driver, Krissana Jutacheun, was charged with fatal negligence for the Thursday crash in Nakhon Ratchasima province.

 

Full story: http://www.khaosodenglish.com/news/crimecourtscalamity/2018/03/28/bus-owner-charged-over-last-weeks-deadly-crash/

 
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-- © Copyright Khaosod English 2018-03-28
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It's a long way from charging someone..especially a company owner, to getting a conviction.

He should do the time plus compensation to the families of those killed and injured, but being Thailand, I would be surprised if much will eventuate....and of course, the media have all but forgotten this accident.

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44 minutes ago, ramrod711 said:

Agreed, but that doesn't negate the premise that the owner should be charged as well.

Agree, as the holder of a Lisence the driver should be fully aware of his actions not the owner (he is to provide a safe vehicle )

But unlike in the west if a worker stuffs up (remembering that the west has a lot of paper work in place ), the Supervisor is most likely to get the arse since he signed & wasn't able to baby sit them due to him having several small work groups on the go

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3 hours ago, stevenl said:

Yes, finally. Go after the ones that are resposible in stead of the poor sod making a living.

I agree and disagree with you.

 

I agree that they have to go after the bus owners too, but there were no rules that obliged him to check his drivers. I am all for going after bus owners if their drivers have to do trips in too short a time or when the bus is poorly maintained and that causes a crash. In this case there were no regulations in check where the owner was obliged to check drivers to see if they were drunk / high.

 

So I applaud it that they go after bus owners too, just not in this case (unless there are new rules that force him to check his drivers to not use drugs / alcohol). I am quite sure he never wanted his driver to use drugs, now if this was like a second or third time this guy has been driving high and got caught then yes.. the owner is responsible. (after one time fire the driver)

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Government to urge operators of double decker buses to convert to single decker for safety reasons

By Thai PBS

 

bus-crash1.jpg

 

The Ministry of Transport is now working closely with the Ministry of Finance to help operators of double decker buses to convert to the safer single decker bus after they were considered unsafe following several fatal bus crashes involving double decker buses.

 

Full story: https://www.thaivisa.com/forum/topic/1031138-thai-govt-to-urge-operators-of-double-decker-buses-to-convert-to-single-decker-for-safety-reasons/

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I have a friend in Australia, who drives large buses, including double-deckers, on the Gold Coast.   

The bus company has a strict procedure as each driver comes on shift, and he must leave a urine sample for testing.  He can't even have a glass of wine the evening before.

I wonder if ANY Thai bus company tests their drivers regularly or at random, to see if they're fit to drive on the country's highways.

 A suggestion please mister Minister for Land Transport.  It could save lives.

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1 hour ago, ramrod711 said:

Agreed, but that doesn't negate the premise that the owner should be charged as well.

On what grounds ?.. If the grounds are.. unsafe bus with no maintenance then I agree. I just don't feel the company is responsible for a driver that is high. (unless they had obligation to check drivers before the trip). I don't believe there are rules in force yet (they are going to change it). I think the owner would never want the driver to drive high and had he known never agreed to it probably kicked the driver out. 

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6 hours ago, YetAnother said:

one of the few actions we see that might actually Be a deterrent to others

Half way there...we'll still have to see if they actually serve time...because if its just a slap on the wrist and a fine..it don't count..IMO

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6 hours ago, ChrisY1 said:

It's a long way from charging someone..especially a company owner, to getting a conviction.

He should do the time plus compensation to the families of those killed and injured, but being Thailand, I would be surprised if much will eventuate....and of course, the media have all but forgotten this accident.

What accident? 

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9 hours ago, webfact said:

Government to urge operators of double decker buses to convert to single decker for safety reasons

By Thai PBS

 

bus-crash1.jpg

 

The Ministry of Transport is now working closely with the Ministry of Finance to help operators of double decker buses to convert to the safer single decker bus after they were considered unsafe following several fatal bus crashes involving double decker buses.

 

Full story: https://www.thaivisa.com/forum/topic/1031138-thai-govt-to-urge-operators-of-double-decker-buses-to-convert-to-single-decker-for-safety-reasons/

i presume that that will mean less are killed

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6 hours ago, kannot said:

If  they put square  wheels on the buses   it would stop this overnight...............and is probably the safest ,cheapest, easiest most sensible, and reliable option

you forget eveything was invented here

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On 28/03/2018 at 11:22 AM, stevenl said:

Yes, finally. Go after the ones that are resposible in stead of the poor sod making a living.

Something for you to think about and answer it to yourself honestly instead of pointing the finger wrongly. You blame the company and that is wrong, the company has no control over the driver once he leaves his depotand that is not only in Thailand but also in UK, USA, Europe, Australia and New Zealand because the owner of the company cannot pyshicaly travel with every driver on every bus

I will do an example for you to look at and look at it honestly.

You are now the driver and your wife is now the company. While you (driver) are at home you are under the control of your wife (company). Once you (driver) leave your home without your wife (company) then your wife (company) is no longer responsible for your actions which means that your wife (company) cannot control that you (driver) goes to the local Go-Go-Bar and gets rotten drunk and has sex with a ladyboy until you arrive home sick with a hangover and a good dose HIV.

This incident was caused by the government because of their failing in having a decent driver education, training and licencing  system which allows any idiot to obtain a Thai drivers licence without having to do any decent driving test and that includes any licence for any Thai or farang including me.

How many of you have gotten a real medical certificate from actually seeing the doctor and then gone and had a real driving test both in the office and also out on the road. The answer to that is: No one

There is the problem

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On 28-3-2018 at 1:01 PM, eggers said:

Took less than a week to charge this guy, yet taken almost 2 months & no charges laid against Premchai & co- horts for Panther slaughter!! Laws for one, laws for others!! 

And what about the captain of that passengerboat which sunk last year...the boat wasn't insured but the owner had paid for it, the captain had no  license and was very old and so on.

 

A lot of people died from that accident, i never heard of any jailterms though.

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On 28/03/2018 at 2:47 PM, masuk said:

I have a friend in Australia, who drives large buses, including double-deckers, on the Gold Coast.   

The bus company has a strict procedure as each driver comes on shift, and he must leave a urine sample for testing.  He can't even have a glass of wine the evening before.

I wonder if ANY Thai bus company tests their drivers regularly or at random, to see if they're fit to drive on the country's highways.

 A suggestion please mister Minister for Land Transport.  It could save lives.

But once your friend leaves his depot the company has no control over his drinking or drug taking as the owner of the company does not travel with each driver on each bus

 

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23 minutes ago, Russell17au said:

Something for you to think about and answer it to yourself honestly instead of pointing the finger wrongly. You blame the company and that is wrong, the company has no control over the driver once he leaves his depotand that is not only in Thailand but also in UK, USA, Europe, Australia and New Zealand because the owner of the company cannot pyshicaly travel with every driver on every bus

I will do an example for you to look at and look at it honestly.

You are now the driver and your wife is now the company. While you (driver) are at home you are under the control of your wife (company). Once you (driver) leave your home without your wife (company) then your wife (company) is no longer responsible for your actions which means that your wife (company) cannot control that you (driver) goes to the local Go-Go-Bar and gets rotten drunk and has sex with a ladyboy until you arrive home sick with a hangover and a good dose HIV.

This incident was caused by the government because of their failing in having a decent driver education, training and licencing  system which allows any idiot to obtain a Thai drivers licence without having to do any decent driving test and that includes any licence for any Thai or farang including me.

How many of you have gotten a real medical certificate from actually seeing the doctor and then gone and had a real driving test both in the office and also out on the road. The answer to that is: No one

There is the problem

Makes no sense. Legally and morally a company is responsible for its employees. 

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38 minutes ago, stevenl said:

Makes no sense. Legally and morally a company is responsible for its employees. 

But like I said your wife cannot be held responsible for anything that you do once you leave home, it is exactly the same thing because the owner of the company cannot be present with every driver on every bus every day, all the company can do is ensure that the driver is fit for duty at the start of his/her shift.

The company is only legally responsible to ensure that the vehicle is maintained in a safe manor and that the driver is in a sober and is fit for the commencement of his duty at the start of his shift, and even in Australia that is the law, so in this case the driver starts his shift clean of drugs and alcohol and the bus is in a safe condition then the company has done everything in its power to abide by the law, what happens after the bus leaves the depot the company cannot control even if it supplies a written instruction to every driver the company still cannot control what the driver does.

In this case I believe that this incident was caused by the lack of driver education and training, that the driver instead of using the gears and the engine retarder to keep the bus at a slow speed, the driver has continually used the foot brake which in turn over heated the brake linings and polished them so that they had no grip to be able to stop the bus.

Legally I could defend that company and have the case thrown out of court simply by showing as a company that very thing that could be done was done and that the driver broke the law and the breached company policy and that is all the company has to show.

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On ‎3‎/‎28‎/‎2018 at 2:47 PM, robblok said:

On what grounds ?.. If the grounds are.. unsafe bus with no maintenance then I agree. I just don't feel the company is responsible for a driver that is high. (unless they had obligation to check drivers before the trip). I don't believe there are rules in force yet (they are going to change it). I think the owner would never want the driver to drive high and had he known never agreed to it probably kicked the driver out. 

They have an obligation to get their passengers (you know, the innocent people that pay the fare for drivers and owners) to their destination safely. There is an old saying amongst professional drivers; "driving a bus is the only driving job that requires you to deliver 100% of your freight intact EVERY time"

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3 minutes ago, ramrod711 said:

They have an obligation to get their passengers (you know, the innocent people that pay the fare for drivers and owners) to their destination safely. There is an old saying amongst professional drivers; "driving a bus is the only driving job that requires you to deliver 100% of your freight intact EVERY time"

Big difference with this incident is that there are trained drivers and there are Thai drivers and your Thai drivers and riders are not professionally trained and tested drivers and riders so your old saying does not count in Thailand

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49 minutes ago, Russell17au said:

But like I said your wife cannot be held responsible for anything that you do once you leave home, it is exactly the same thing because the owner of the company cannot be present with every driver on every bus every day, all the company can do is ensure that the driver is fit for duty at the start of his/her shift.

The company is only legally responsible to ensure that the vehicle is maintained in a safe manor and that the driver is in a sober and is fit for the commencement of his duty at the start of his shift, and even in Australia that is the law, so in this case the driver starts his shift clean of drugs and alcohol and the bus is in a safe condition then the company has done everything in its power to abide by the law, what happens after the bus leaves the depot the company cannot control even if it supplies a written instruction to every driver the company still cannot control what the driver does.

In this case I believe that this incident was caused by the lack of driver education and training, that the driver instead of using the gears and the engine retarder to keep the bus at a slow speed, the driver has continually used the foot brake which in turn over heated the brake linings and polished them so that they had no grip to be able to stop the bus.

Legally I could defend that company and have the case thrown out of court simply by showing as a company that very thing that could be done was done and that the driver broke the law and the breached company policy and that is all the company has to show.

Provided the driver was fit, licenced and trained, otherwise the company is also at fault.  

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1 minute ago, Artisi said:

Provided the driver was fit, licenced and trained, otherwise the company is also at fault.  

you used 1 word that does not count in Thailand and that word is "trained" because NO driver is trained in Thailand

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2 hours ago, Russell17au said:

But once your friend leaves his depot the company has no control over his drinking or drug taking as the owner of the company does not travel with each driver on each bus

 

That's is correct in the sense the company has no control after departing the depot, but one instance of being caught with booze or drugs on the job  - the employer would be justified in terminating the drivers employment. 

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