Section 44 proposed to deal with overloaded truck problem

[webfact]

Section 44 proposed to deal with overloaded truck problem

 

 

BANGKOK: -- Trucking operators have wanted the prime minister to invoke Section 44 of the interim constitution to deal with overloaded truck problem, blaming it on cargo owners or product manufacturers for forcing them to violate the law.

 

The Land Transport Federation of Thailand which represent the trucking operators has offered to help the government in solving this long-overdue overloaded truck problem by appointing representatives of the federation to sit in the government’s ad hoc committee to solve the problem.

 

Federation president Mr Thongyu Thongkhan said the federation wanted legal actions to be taken against employers who abet or encourage truckers to overload their vehicles by taking away their licenses.

 

The federation also proposed a ban on overloaded trucks to leave or enter a warehouse or a factory. Modifying trucks to increase more weight load should also be dealt with harshly with their owners being ordered to restore the truck conditions.

 

Thongyu blamed trucks loaded with farm produce and construction materials for causing most of the road damages. He specifically fingerpointed companies which won government contracts to build roads.

 

Full story: http://englishnews.thaipbs.or.th/section-44-proposed-to-deal-with-overloaded-truck-problem/

 

-- © Copyright Thai PBS 2016-11-11

[wayned]

It's actually quite funny.  I live in sugar cane country, actually grow some myself, and they occasionally setup a checkpoint and weigh station between here and the mill.  You always know when the checkpoint is in operation because there's dozens of overloaded trucks parked on the side of the road waiting for confirmation that the checkpoint is gone.  What they should do is bring the checkpoint to the trucks.  In the US they actually pull over expected overloaded trucks and weigh them right then and there and don't rely on checkpoints that can easily be avoided.  Why would you have to invoke article 44 to do something that only requires common sense?  Whoops forgot where I live!

[NongKhaiKid]

Is this really the sort of thing Article 44 was designed to deal with ?

The way it's going it looks like the article will have to be invoked to cover almost every existing law which only suffer from one thing and that's Lack of Enforcement.

A fire needs to be lit under all the relevant agencies including the BIB instead of waving the magical 44 around.

[selftaopath]

Thai (Talk/Habitually/Always/incessantly) no action here?

[dbrenn]

Is there no existing law that covers this? Incredible . 

[waldroj]

"...The Land Transport Federation of Thailand which represent the trucking operators has offered to help the government in solving this long-overdue overloaded truck problem..."

 

Allowing the truck operators to help solve the problem is sort of like putting the foxes in charge of the hen house !!!

 

 

On November 8, Thai PBS (https://is.gd/dXXCEq) reported the Transport Minister Tantipittayapaisit telling us that, "...there are many truck operators who defy the law by overloading their trucks in order to save operating costs in total disregard of the damages caused to the roads by overloaded trucks, especially during the sugarcane harvesting season when many trucks are overloaded with sugarcanes".

 

Meanwhile, as a defence (for their actions), trucking operators lay the blame on cargo owners or product manufacturers for forcing them to violate the law. So, their suggestion of using Section 44 in this case seems to be somewhat superfluous, especially as the Transport Minister also notes in the November 8 article that, "...normally there are laws restricting the load that each type of trucks is allowed to carry and there are checkpoints along highways to check the weight of trucks to ascertain whether they are overloaded or not...".

 

So, if this is the case Mr Tantipittayapaisit, then the best solution at this time is to simply enforce those laws!!! Hopefully in the future, that, plus building better roads (fit for purpose) will help address the problems of overloading and road damage caused by heavy vehicles.

 

As for Trucking operators wanting Prayut to invoke Section 44, it is worth looking back at other instances where it has been applied to see how this compares - https://www.ilaw.or.th/node/3938 !!!

[3FingeredWillie]

It's amazing how many departments and people there are working in Thai government.

[Brer Fox]

27 minutes ago, 3FingeredWillie said:

It's amazing how many departments and people there are working in Thai government.

Yes it is amazing how many people are employed within the Thai government. Not sure about how many of them work though.

[NongKhaiKid]

17 minutes ago, Brer Fox said:

Yes it is amazing how many people are employed within the Thai government. Not sure about how many of them work though.

One time British PM John Major's government was know as the ' cabinet of chums '.

Here it would have to be ' relatives, cronies and friends '.

[Chang_paarp]

It's amazing how many departments and people there are working in Thai government.

Inactive posts have to be somewhere.

[whatproblem]

There's only one thing they need section 44 for and that to get the police to do their jobs honestly or <deleted> off

[maoro2013]

Well there is already a law, why propose S44?, why not just apply the existing rules?

[monkey4u]

To stop truck overloading, start with pick ups

They were never designed to carry 5 tonnes plus

But the fools who replace the rear springs with heavy sets think its all good

Look mum I can make my truck lift the front wheels every time I try to stop 

[monkey4u]

1 hour ago, 3FingeredWillie said:

It's amazing how many departments and people there are working in Thai government.

Working ???? 

[yellowboat]

2 hours ago, dbrenn said:

Is there no existing law that covers this? Incredible . 

Were there no laws prior to A44 ?   

[DuiDui48]

4 hours ago, wayned said:

only requires common sense?

..well you as you might know..above does exsist in The land of...don't-tell/teach/advice any Thais regarding anythin,because we know EVERYTHING alredy...sorry for the sarcasm/sometime the truth..Have a good day everyone on TV.

[anon4637435435]

Use section 44 on the police to do there job without bribes would be a better solution. Just saying.. 

Going one step further and use it to wipe out corruption which would be beyond fixable without would be a higher priority surely or maybe use it to wipe out selfappointed governments.

 

The mind boggles.....

 

Theres laws in place, theres police. Whats missing? A new Committee? A 5-10yr plan? 

 

This is insanity.....

[rtco]

[Eric Loh]

Might as well put a sign in front of Prayut office that reads " For application of Art. 44, please take a number and wait in the queue".  

[kannot]

wouldnt   it   save  them  time  just  have  section 44 for everything?

[selftaopath]

2 hours ago, maoro2013 said:

Well there is already a law, why propose S44?, why not just apply the existing rules?

Thai (Talk/Habitually/Always/incessantly) no action here?

[gandalf12]

50 minutes ago, rtco said:

Looks like they could get some more on each if these vehicles, I can still see the wheels

[dominique355]

Slow erosion of the rule of law, democratically enacting laws and - most important - enforcing them.

[anoninnon]

A simple approach of enforcing the law with active prosecution and real penalties might be all that is required. Also introduce and enforce mandatory inspections on all heavy vehicles for registration and insurance every year. 

Train and empower roadside enforcement officers to conduct inspections of road-worthiness and compliance issues, Length, Width, Weight, Speed and Safety.

Not for tea money.

And the list goes on.....

Subject all buses, vans and taxis to the same annual certification checks. 

Pay these enforcement officers properly and subject them to very heavy penalties for corruption and bribery to encourage them to do the job correctly.

Most of these pictures are pick ups and not deemed trucks. 

The Maximum Rated Weight most of these are built for is 1000kgs. When they have had an axle change with a bigger spring pack gets them better stability but does not change the chassis strength. 

I totally agree that these should be used for small quantities of 1 tonne as designed but have seen them with up to 7 or 8 tonnes on them, ie, rice, timber, steel etc.

Edited November 11, 2016 by anoninnon
adding further comment

[NoshowJones]

6 hours ago, wayned said:

It's actually quite funny.  I live in sugar cane country, actually grow some myself, and they occasionally setup a checkpoint and weigh station between here and the mill.  You always know when the checkpoint is in operation because there's dozens of overloaded trucks parked on the side of the road waiting for confirmation that the checkpoint is gone.  What they should do is bring the checkpoint to the trucks.  In the US they actually pull over expected overloaded trucks and weigh them right then and there and don't rely on checkpoints that can easily be avoided.  Why would you have to invoke article 44 to do something that only requires common sense?  Whoops forgot where I live!

That last sentence, well said.

[Eligius]

6 hours ago, NongKhaiKid said:

Is this really the sort of thing Article 44 was designed to deal with ?

The way it's going it looks like the article will have to be invoked to cover almost every existing law which only suffer from one thing and that's Lack of Enforcement.

A fire needs to be lit under all the relevant agencies including the BIB instead of waving the magical 44 around.

Brilliantly said. The dreaded Article is becoming a laughing stock (if it were not so diabolical !).

[KKr]

Completely fail to understand why a CONSTITUTIONAL Article is needed to enforce a minor Regulatory Issue, being an overloaded Truck, or other vehicle as the case may be.

Such disregard for the status of a Constitution is iMvHO seriously deflating the Status and Authority of the Constitution. 

• Some countries use ministerial or even municipal orders that are delegated in the framework of the (in this case) Traffic Law, to deal with such minor details.

My guess is that the Leadership would rather use their time to address economic and international issues than listen to lobbyist that are complaining about not having sufficient negotiating skills or bargaining power to make a profit. 

[elgordo38]

8 hours ago, webfact said:

He specifically fingerpointed companies which won government contracts to build roads.

Well well who would have thought. Of course the government would have no over sight in their projects. If this is the case sorry drivers your flogging a dead horse. From time to time one of you will be a sacrificial lamb but beyond that business as usual.

Edited November 11, 2016 by elgordo38

[fruitman]

3 hours ago, bsdthai said:

Whats missing

 

A crackdown is missing! At least i miss them, has been so long now since the last one.

[elgordo38]

7 hours ago, wayned said:

It's actually quite funny.  I live in sugar cane country, actually grow some myself, and they occasionally setup a checkpoint and weigh station between here and the mill.  You always know when the checkpoint is in operation because there's dozens of overloaded trucks parked on the side of the road waiting for confirmation that the checkpoint is gone.  What they should do is bring the checkpoint to the trucks.  In the US they actually pull over expected overloaded trucks and weigh them right then and there and don't rely on checkpoints that can easily be avoided.  Why would you have to invoke article 44 to do something that only requires common sense?  Whoops forgot where I live!

 

8 hours ago, webfact said:

He specifically fingerpointed companies which won government contracts to build roads.

Sorry article 44 and common sense do not apply.