Thai court rules traffic fines unlawful since 2020

[snoop1130]

Photo courtesy of Bangkok Post

 

By Puntid Tantivangphaisal

 

Thailand’s top court has dropped a legal bombshell, ruling that traffic fines issued by the Royal Thai Police (RTP) since July 2020 were unlawful—potentially affecting millions of motorists.

 

The Supreme Administrative Court (SAC) yesterday, February 5, partly overturned a ruling by the Central Administrative Court (CAC), which had previously found that two RTP announcements on traffic fines, issued in July 2020 and March 2023, were invalid.

 

The case was brought forward by Supa Chotngam, who argued that the police had misled motorists into believing they had no right to dispute their tickets.

 

The court found this practice to be in violation of Section 29 of the constitution, which guarantees that all accused individuals are presumed innocent until proven guilty.

 

 

Initially, the CAC ruled that the announcements should be revoked retroactively from July 2020, as they had also unlawfully imposed fixed fine rates, removing police discretion in assessing penalties.

 

However, in yesterday’s ruling, the SAC adjusted the decision, stating that an immediate annulment could disrupt law enforcement and the public interest, given rising traffic violations.

 

Instead, the court ruled that the regulations would be officially revoked 180 days after the decision, allowing time for new guidelines to be established.

 

Photo courtesy of The Nation

 

The ruling now compels the RTP to revise traffic fine regulations, ensuring motorists have the right to challenge tickets while also reinstating police discretion in determining penalties.

 

For now, drivers should expect to continue receiving tickets but with significant changes on the horizon, a major shake-up of Thailand’s traffic laws is just months away, reported The Nation.

 

Traffic fines in Thailand are issued by the RTP for violations ranging from minor infractions to serious offences. The fines are governed by the Land Traffic Act and various police regulations, with penalties varying based on the severity of the offence.

 

Photo courtesy of iLaw

 

Traffic violations in Thailand typically include speeding, running red lights, not wearing a helmet for motorcyclists, and driving under the influence. Common fines include up to 1,000 baht for speeding, 1,000 baht for running a red light, 400 baht for not wearing a helmet, 500 baht for not wearing a seatbelt, 200 to 500 baht for illegal parking, 1,000 baht for using a mobile phone while driving, and up to 20,000 baht for first-time DUI offenders, with higher penalties for repeat violations.

 

Fines can be paid at police stations, banks, or online via the Traffic Ticket Payment System. Motorists who wish to dispute a fine can file an appeal with the Traffic Police Division or take the case to court.

 

Source: The Thaiger

-- 2025-02-06

 

 

[Artisi]

There has always been discretion in negotiations for traffic fines, it was called "what's in it for me?" 

[connda]

As most of us who have lived here for a significant period of time, the reason laws aren't obeyed is because in so many cases there simply is no enforcement.  Ditto this...

[BangkokReady]

1 hour ago, connda said:

As most of us who have lived here for a significant period of time, the reason laws aren't obeyed is because in so many cases there simply is no enforcement.  Ditto this...

 

While this is likely true, another contributing factor is the fact that there is generally massive public backlash whenever anyone proposes getting tough on traffic related crime (with the exception, I think, of drink/drug driving).

 

Lack of enforcement is what causes it, but there is very little public support for that changing.

 

We're talking about a society that praises traffic police for making children riding four-up on a scooter without helmets do squats as punishment before being sent on their way.

[lordgrinz]

59 minutes ago, BangkokReady said:

Lack of enforcement is what causes it, but there is very little public support for that changing.

 

That's because most Thai's drivers are lawbreakers, it would be like asking 5 year olds if they would prefer ice cream over a healthy meal for lunch. 

[NoDisplayName]

3 hours ago, snoop1130 said:

they had also unlawfully imposed fixed fine rates, removing police discretion in assessing penalties

 

So after this, back to setting fines on the roadside based on how much resides in your wallet?

 

Oh, this will end well.

[ikke1959]

Another action to make the roads safer surely with all the holidays and the rush hours... Solution is easy enforce the law and rise the fines as the fines and punishment are too low... Than a court can decide if it is a correct fine or not

[hotchilli]

Roadside payments have been in place for decades if not longer.. as for challenging the amount, that has always been negotiable, depending on the infringement

[Asquith Production]

12 hours ago, BangkokReady said:

We're talking about a society that praises traffic police for making children riding four-up on a scooter without helmets do squats as punishment before being sent on their way

Don't forget the guy who was allowed to proceed with a saucepan or bucket on his head as a crash helmet

[Davedub]

I find it interesting that these regulations came in just around the time the law was changed regarding cannabis. It occured to the cynic in me that the loss of side revenue from busting people for cannabis related offences would be offset by the increase in side  revenue from traffic related offences. But then I thought surely not; this would require the coordination of systematic, endemic corruption from the bottom to the top - unthinkable. It must just be a coincidence these traffic laws were so hastily pushed through at that time and as a result were found to be unlawful at a later date.

[Srikcir]

16 hours ago, snoop1130 said:

police had misled motorists into believing they had no right to dispute their tickets.

 

The court found this practice to be in violation of Section 29 of the constitution, which guarantees that all accused individuals are presumed innocent until proven guilty.

It is the verbal statements made to motorists that's unlawful. The fines are legal. Two separate actions.

Fined motorists should have the right to challenge the police statements as being unlawful and challenge the fine, as such the alleged fine should deferred to adjudication. But a traffic ticket should be issued and acknowledged by the driver's signature. Whether the police choose to enforce the fine I court is another matter.

[hotsun]

Profit > saving lives