Section 3. The following Acts shall be repealed:

Transcription

1 Unofficial Translation Land Transport Act, B.E (1979). 1 Bhumibol Adulyadej, Rex. Given on the 15 th March B.E (1979) Being the 34 th Year of the Present Reign. that: His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim Whereas it is expedient to revise the law on land transport. Be it, therefore, enacted by the King, by and with the advise and consent of the National Legislative Council, acting as the National Assembly, as follows: Section 1. This Act is called the Land Transport Act, B.E Section 2. This Act shall come into force after one hundred and eighty days from the date of its publication in the Government Gazette 2. Section 3. The following Acts shall be repealed: 1 Translated by Mr. Panitarn Vacharaprechaskul under contract for the Office of the Council of State of Thailand's Law for ASEAN project.- Initial version- pending review and approval. 2 Published in the Government Gazette, Vol. 96, Part 38, Special Issue, dated 21 st March, B.E (1979).

2 2 (1) Land Transport Act, B.E. 2497; (2) Land Transport Act (No. 2), B.E. 2510; (3) Land Transport Act (No. 3), B.E All other laws, rules and regulations in so far as they are already provided herein, or are contrary to or inconsistent with the provisions of this Act, shall be replaced by this Act. Section 4. In this Act, (1) Transport means the carriage of passengers, animals or goods by land by a vehicle; (2) Fixed route transport means the transport for reward on the route fixed by the Committee; (3) Non-fixed route transport means the transport for reward on unlimited routes; (4) 3 Transport by a small vehicle means the transport of passengers or goods or both for reward on the route fixed by the Committee by a vehicle having the total weight of the vehicle and the load of not exceeding four thousand kilograms; (5) 4 Private transport means the transport for one s own trade or business by a vehicle of more than one thousand and six hundred kilograms in weight; (6) Inter-provincial transport means fixed route transport, non-fixed route transport or private transport which is made between one and another Changwat; 3 Section 4 (4) is amended by the Land Transport Act (No. 2), B.E (1980). 4 Section 4 (5) is amended by the Land Transport Act (No. 2), B.E (1980).

3 3 (7) International transport means fixed route transport, non-fixed route transport or private transport which is made between Thailand and a foreign country; (8) Transport management means the gathering of passengers, animals, or goods and arrange for another person who is a licensed transport operator to transport them from one place to another under the responsibility of the transport manager; (9) Vehicle means all conveyances used for land transport which are propelled by engine, electricity or other power and includes a trailer of such vehicle except a train; (10) Inspector means an official attached to the Department of Land Transport who is appointed by the Minister with the duty to inspect transport affairs; (11) Vehicle Condition Examining Officer means an official attached to the Department of Land Transport appointed by the Minister with the duty to examine the stability, cleanliness, tidiness, and suitability of the condition of vehicle used in transport; (12) Registrar means the Central Registrar or the Provincial Registrar, as the case may be; (13) Board means the Central Land Transport Control Board or the Provincial Land Transport Control Board, as the case may be; (14) Director-General means the Director-General of the Department of Land Transport; (15) Minister means the Minister having charge and control of the execution of this Act. Section 5. 5 This Act shall not apply to: 5 Section 5 is amended by the Land Transport Act (No. 6), B.E (1994).

4 4 (1) the transport by military motor vehicle under the law on military motor vehicle; (2) the transport by: (a) a taxi carrying not more than seven passengers, an interprovincial taxi carrying not more than seven passengers, a service vehicle carrying not more than seven passengers, and a private vehicle under the law on vehicle carrying not more than seven passengers; (b) a private vehicle carrying more than seven but not exceeding twelve passengers, and a private vehicle under the law on vehicle having the weight of vehicle not exceeding one thousand and six hundred kilograms which is not used for transport for reward; (c) a motor tricycle, motorcycle, and a tractor under the law on vehicle; (3) the transport prescribed in the Ministerial Regulation. Section 6. The Director-General or the person entrusted by him shall be the Central Registrar having the power and duties in respect of the Inter-provincial transport and the International transport. The Central Registrar shall be the Registrar of the Bangkok Metropolis having the power and duties under this Act within the boundary of the Bangkok Metropolis. The Provincial Transport Officer shall be the Provincial Transport Registrar having the power and duties under this Act within the boundary of his respective Changwat. In the Performance of duties under this Act, the Central Registrar shall have power to delegate any person to carry out an activity within his power and duties on his behalf. The delegation under paragraph four shall be published in the Government Gazette.

5 5 Section 7. The Minister of Transport and the Minister of Interior shall have charge and control of the execution of this Act, and shall have power to appoint an Inspector and a Vehicle Condition Examining Officer, issue a Ministerial Regulation prescribing the fee not exceeding the rate attached hereto, exempt the fee and determine other activity for performance under this Act, however, in respect of the power and duties of their respective Ministry. Such Ministerial Regulation shall come into force upon its publication in the Government Gazette. Chapter I Land Transport Policy Commission Section 8. There shall be a Land Transport Policy Commission comprising of the Minister of Transport as Chairman, the Vice Minister of Transport as Vice-Chairman, the Permanent Secretary for Transport, the Permanent Secretary for Interior, the Permanent Secretary for Agriculture and Cooperatives, the Permanent Secretary for Commerce, the Permanent Secretary for Industry, the Permanent Secretary for Finance, the Secretary-General of the Council of State, the Secretary- General of the National Economic and Social Development Board, the Director of the Bureau of Budget, the Director of the Office of Transport and Traffic Policy and Planning, the Director-General of the Highways Department as members, and not more than five other qualified members appointed by the Minister from Thai nationals possessing knowledge and expertise in transportation, economics or law. The Director-General of the Department of Land Transport shall be member and secretary of the Commission. The Land Transport Policy Commission may appoint one or more assistant secretaries as necessary.

6 6 Section 9. The qualified member shall hold office for a term of two years. In the case where a member is appointed during the term of the member already appointed, either as an additional member or replacing member, the appointee shall hold office for a term of the member already appointed. An outgoing member may be reappointed. Section 10. No person of the following nature shall be appointed as a qualified member: (1) being an incompetent person or quasi-incompetent person; (2) being imprisoned by a final judgment or a legal order to imprisonment except for an offence committed through negligence or a petty offence; (3) being a bankrupt; (4) being a Director or officer of a political party. Section 11. In addition to vacating office under section 9, a qualified member vacates office upon: (1) death; (2) resignation; (3) being removed by the Minister; (4) being under a prohibition under section 10. Section 12. In a meeting of the Commission, if the Chairman is absent or is unable to perform the duty the Vice-Chairman shall preside over the meeting. If the Chairman and Vice-Chairman are absent or are unable to perform the duty, the meeting shall elect a member to preside over the meeting instead.

7 7 Section 13. In a meeting of the Commission, the presence of not less than half of the total number of members shall be required to constitute a quorum. The decision of the meeting shall be made by a majority of votes. In casting votes, a member has one vote. In an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote. Section 14. The Land Transport Policy Commission has the power and duties as follows: (1) to determine long-term and short-term policies for proposing to the Council of Ministers; (2) to determine a policy concerning the development and operation of transport stations for proposing to the Council of Ministers; (3) to lay down measures and plan for the development of land transport for proposing to the Council of Ministers; (4) to establish measures concerning safety and facility in land transport for compliance by the Board; (5) to prescribe the provisional cessation of registration of vehicles as necessary with the approval of the Council of Ministers for compliance by the Board; (6) to coordinate the inter-related work in land transport as well as to coordinate the work of land transport with those of the water and air transports; (7) to give advise concerning land transport to the Council of Ministers. Section 15. The Land Transport Policy Commission may appoint a sub-committee for consideration of or carrying out any activity. The provisions of section 12 and section 13 shall apply to the meeting of the sub-committee mutatis mutandis. Chapter II Land Transport Control Board

8 8 Section 16. There shall be a Central Land Transport Control Board comprising of the Permanent Secretary for Transport as Chairman, the Permanent Secretary for Interior or representative, the Secretary-General of the Council of State or representative, the Director-General of the Department of Rural Roads or representative, the Commissioner-General of the Royal Thai Police or representative, the Director-General of the Highways Department or representative, the Governor of the Bangkok Metropolitan Administration or representative as members, and not more than three other qualified members, inclusive of the person with knowledge and expertise in transportation, appointed by the Minister. The Director-General of the Department of Land Transport shall be member and secretary of the Board. The Land Transport Control Board may appoint one or more assistant secretaries as necessary. Section 17. There shall be a Provincial Land Transport Control Board in every Changwat, except Bangkok Metropolis, comprising of Changwat Governor as Chairman, Changwat State Attorney, Changwat Police Commissioner, and five other persons, inclusive of a Mayor of the Municipality of such Changwat, appointed by the Minister as members. The Provincial Transport Officer shall be member and secretary of the Board. The Provincial Land Transport Control Board may appoint one or more assistant secretaries as necessary. Section 18. The provisions of section 9, section 10, section11, section 12, and section 13 shall apply to the Central Land Transport Control Board and the Provincial Land Transport Control Board mutatis mutandis.

9 9 Section 19. The Central Land Transport Control Board has the power and duties as follows: (1) to prescribe the nature of the fixed route transport and the nonfixed route transport; (2) to fix the routes, number of transport operators and vehicles for Bangkok Metropolitan, inter-provincial and international fixed route transport; (3) to fix the routes, number of transport operators and vehicles for Bangkok Metropolitan, inter-provincial and international non-fixed route transport; (4) to fix the routes, number of transport operators and vehicles for transport by small vehicles; (5) to fix the number of transport managers; (6) to fix the rates of transport charges and other service charges in the transport; (7) to fix the rates of operational service fee for transport stations; (8) to determine the site for transport stations, to provide or establish transport stations, and formulate regulations concerning transport stations; (9) to prescribe the types or conditions of vehicles to be prohibited for registration; (10) to prescribe the categories or types of vehicles needed to stop or park for loading or unloading passengers or goods at a transport station; (11) to prescribe the points for loading or unloading passengers; (12) to lay down the measure for determining, licensing, revoking the license, and controlling the land transport affairs; (13) to carry out other activities prescribed in this Act or in accordance with the resolution of the Land Transport Policy Commission. The decisions under (2), (3), (4), (8), (9) and (10) shall be published in the Government Gazette.

10 10 Section 20. The Provincial Land Transport Control Board has the power and duties within its respective Changwat as follows: (1) to fix the routes, number of transport operators and vehicles for fixed route transport; (2) to fix the number of transport operators and vehicles for non-fixed route transport; (3) to fix the routes, number of transport operators and vehicles for transport by small vehicles; (4) to fix the rates of transport charges and other service charges in the transport; (5) to carry out other activities prescribed in this Act or in accordance with the resolution of the Land Transport Policy Commission or the Central Land Transport Control Board. The decisions under (1) and (4) shall come into force upon the approval of the Central Land Transport Control Board, while the decisions under (1), (2) and (3) is required to be published in the Government Gazette. Section 21. The Central Land Transport Control Board may appoint a sub-committee for consideration of or carrying out any activity. The provisions of section 12 and section 13 shall apply to the meeting of the sub-committee mutatis mutandis. Section 22. The Minister has the power and duties to generally supervise the land transport affairs. For this purpose, he may give an order requiring the Commission or the Board to give statement of facts, opinion, or make a report or cease any action which is contrary to the policy of the Government or the resolution of the Council of Ministers, as well as the power to order an investigation into facts concerning the operation.

11 11 Chapter III Transport Operation Section 23. No person shall operate fixed route transport, non-fixed route transport, transport by a small vehicle, or private transport unless having been licensed by the Registrar. The application for and the grant of a license shall be in accordance with the rule and procedure prescribed in the Ministerial Regulation. Section 24. An applicant for a license to operate fixed route transport, non-fixed route transport, and transport by a small vehicle must be a Thai national. In the case where the applicant for a license is a partnership, limited company, public limited company, such partnership, limited company, public limited company must be registered under Thai law and have its head office in the Kingdom of Thailand and: (1) in case of a registered ordinary partnership, all the partners must be of Thai nationality; (2) in case of a limited partnership, all the unlimited partners must be of Thai nationality, and not less than fifty-one percent of the capital of such limited partnership must be held by the partners who are natural persons of Thai nationality; (3) 6 in case of a limited company, not less than one-half of the total number of directors of the company must be of Thai nationality, and not less than fifty-one percent of the capital of such limited company must be held by the shareholders who are natural persons of Thai nationality, or by a registered ordinary partnership, a limited partnership, a limited company, a Ministry, a Sub-Ministry, a Department, local government, a State enterprise under the law on budgetary 6 Section 24 (3) is amended by the Land Transport Act (No. 9), B.E (1999).

12 12 procedure, or a State organization under the law on establishment of a Government organization or on such other law respectively, and there is no regulation allowing such limited company to issue shares in a certificate to bearer. (4) in case of a public limited company, not less than one-half of the total number of directors of such public limited company must be of Thai nationality, and not less than fifty percent of the number of shares already sold of such limited company must be held by the shareholders who are natural persons of Thai nationality. In the case where the shares of the limited company or public limited company are held by a registered ordinary partnership, limited partnership, limited company or public limited company, such shareholder must bear the nature under (1), (2), (3) or (4) as the case may be. The Central Land Transport Control Board shall have power to exempt the requirement as necessary or grant a special treatment for a specific case. Section 25. No person shall operate international transport unless having been licensed by the Central Registrar with the approval of the Central Land Transport Control Board, and the licensee shall comply with all the provisions of this Act in so far as they are not contrary to the international convention or agreement concerning transport. The application for and grant of a license shall be in accordance with the rule and procedures prescribed in the Ministerial Regulation. The provisions of section 28, section 31, section 32, section 34 and section 36 shall apply to the operation of international transport mutatis mutandis. Section 26. No person shall use a vehicle registered in a foreign country for transport operation except in the international transport and having been permitted by the Central Registrar.

13 13 The vehicle personnel under section 92 working in the vehicle under paragraph one shall comply with all the provisions of this Act, and/or the existing agreement between the Thai Government and the Government of such country. Section 27. There are four categories of transport operation licenses, i.e.: (1) License to operate fixed route transport; (2) License to operate non-fixed route transport; (3) License to operate transport by a small vehicle; (4) License to operate private transport. A license to operate fixed route transport, license to operate nonfixed route transport and license to operate transport by a small vehicle may be used as a license to operate private transport also. No transport operation licensee shall use a vehicle of the category other than those specified above, unless temporarily permitted in writing by the Registrar in accordance with the rule and procedures prescribed by the Central Land Transport Control Board. Section 28. A license to operate fixed route transport shall be valid for seven years from the date of its issuance. A license to operate non-fixed route transport, license to operate transport by a small vehicle and license to operate private transport shall be valid for five years from the date of its issuance. The licensee who wishes to renew the license shall file an application before the license expires; provided that an application for renewal of a license to operate fixed route transport and a license to operate transport by a small vehicle shall be filed not less than one hundred and twenty days before the license expires. The application for and grant of a license shall be in accordance with the rule and procedures prescribed in the Ministerial Regulation.

14 14 Section The provisions of section 23 shall not apply to the private transport operated by a Ministry, Sub-Ministry, local government, temple, foundation, the Thai Red Cross Society, Health Care Centre, State enterprise under the law on budgetary procedure; provided that the transport operator shall comply with the rest of the provisions of this Act as if it were a private transport licensee. Section 30. A license to operate Bangkok Metropolitan transport, Inter-provincial transport and International transport shall be issued by the Central Registrar, while a license to operate transport within a specific Changwat shall be issued by the Registrar of such Changwat. The grant of license to operate fixed route transport is required to be approved by the Board. Section 31. In issuing a license to operate fixed route transport the Registrar, with the approval of the Board, shall impose the conditions in the license concerning: (1) the number of vehicles to be used in the transport operation on the routes of transport; (2) the right to the vehicles used for transportation by the transport operation licensee; (3) the nature, type, size, and colors of the vehicles, and the sign of the transport operator to be made appear on every vehicle; (4) the number of seats, load weight limit, and loading method; (5) the number of vehicle personnel; (6) the routes of transport; 7 Section 29 is amended by the Land Transport Act (No. 9), B.E (1999).

15 15 (7) the rates of transport charges and other service charges in the transport; (8) the places for stopping or parking in order to load and unload passengers, animals or goods; (9) the places to stop on the way; (10) the standard of transport operation services; (11) timetable and number of trip a day in transport service; (12) daily working hours of transport operation; (13) the place for keeping, repairing, or maintaining vehicles; (14) any business operation other than fixed route transport operation; (15) other conditions prescribed in the Ministerial Regulation. The fixed route transport operation licensee shall provide a notice showing the conditions under (6), (7), (8), (9) and (11) to be affixed at the place determined by the Director-General. Section 32. In issuing a license to operate non-fixed route transport the Registrar, with the approval of the Board, shall impose the conditions in the license concerning: (1) the number of vehicles to be used in the transport operation; (2) the nature, type and size of the vehicles, and sign of the transport operator to be made appear on every vehicle; (3) the number of seats, load weight limit, and loading method; (4) the number of vehicle personnel; (5) the locality where transport operation takes place; (6) the standard of transport operation services; (7) the rates of transport charges and other service charges in the transport; (8) the places for stopping or parking in order to load and unload passengers, animals or goods;

16 16 (9) the place for keeping, repairing, or maintaining vehicles; (10) other conditions prescribed in the Ministerial Regulation. The non-fixed route transport operation licensee shall provide a notice showing the conditions under (7) and (8) to be affixed at the place determined by the Director-General. Section 33. In issuing a license to operate transport by a small vehicle the Registrar, with the approval of the Board, shall impose the conditions in the license concerning: (1) the number of vehicles to be used in the transport operation on the routes of transport; (2) the nature, type, size, and colors of the vehicles, and the sign of the transport operator to be made appear on every vehicle; (3) the number of seats, load weight limit, and loading method; (4) timetable and number of trip a day in transport service; (5) the routes of transport; (6) the rates of transport charges and other service charges in the transport; (7) other conditions prescribed in the Ministerial Regulation. The holder of the license to operate transport by a small vehicle shall provide a notice showing the conditions under (5) and (6) to be affixed at the place determined by the Director-General. Section In issuing a license to operate private transport the Registrar shall impose the conditions, in accordance with the rule prescribed by the Central Land Transport Control Board, in the license concerning: (1) the number of vehicles to be used in the transport operation; 8 Section 34 is amended by the Land Transport Act (No. 2), B.E (1980).

17 17 (2) the nature, type and size of the vehicles, and sign of the transport operator to be made appear on every vehicle; (3) the place for keeping, repairing, or maintaining vehicles; (4) 9 the number of vehicle personnel; (5) 10 other conditions prescribed in the Ministerial Regulation. Section 35. The transport operation licensee of the categories prescribed in the Ministerial Regulation shall provide within the vehicle a vehicle notebook, vehicle personnel s personal history, and/or a bill of receipt of goods transported, and shall make reports on transportation and accident occurring in the course of transportation in accordance with the rule and procedures prescribed in the Ministerial Regulation. Section The transport operation licensee shall provide within the vehicle accessories, equipment and devices and shall comply with the requirement on safety in transportation prescribed in the Ministerial Regulation. Section 37. The fixed route transport operation licensee shall provide along the route passenger rest areas of the nature, size, numbers and locations prescribed by the Board. Section 38. No transport operation licensee shall increase, reduce, or exempt transport charge and other service charge in the transport unless with the approval of the Board. 9 Section 34 (4) is added by the Land Transport Act (No. 5), B.E (1992). 10 Section 34 (5) is added by the Land Transport Act (No. 5), B.E (1992). 11 Section 36 is amended by the Land Transport Act (No. 5), B.E (1992).

18 18 Section 39. No fixed route transport operation licensee, non-fixed route transport operation licensee, holder of the license to operate transport by a small vehicle, or private transport operation licensee shall use or allow other person to use the licensed vehicle for transportation on the route or in the locality other than those permitted, as the case may be, unless with the approval of the Registrar, or person entrusted by the Registrar, in accordance with the rule and procedures prescribed by the Central Land Transport Control Board. Section 40. No non-fixed route transport operation licensee shall operate transportation in the same manner or similar to that of the fixed route transport operation licensee, or so as to reap the benefit of the fixed route transport operation licensee on the licensed route of the fixed route transport operation licensee. Section 40 bis. 12 No transport operation licensee shall direct or allow any person to drive the vehicle used for transport if it appears that such person at that moment being under the following state of mind or acts as follows: (1) drunk or doped; (2) consumes narcotics under the law on narcotics; (3) consumes psychotropic substance under the law on psychotropic substances; The transport operation licensee shall supervise and prevent the person under such state of mind or who acts in accordance with (1), (2) or (3) of paragraph one to drive a vehicle. Section 41. In case of emergency or necessity to remedy the situation so as to facilitate the transport or to have enough vehicles for transport, the Registrar 12 Section 40 bis. is amended by the Land Transport Act (No. 9), B.E (1999).

19 19 shall have power to order the change in respect of the routes, time, and number of trips or to order any transport operation licensee to send his licensed vehicles for temporary assistance as appropriate for the case and report to the Board as soon as possible. Section 42. The transport operation licensee shall display the transport operation license or its substitute at a conspicuous place in the office of the licensee. Section 43. In the case where the transport operation license is lost, destroyed or essentially damage, the transport operation licensee shall file an application for a substitute of the license to the Registrar within fifteen days from the date of knowledge of such loss, destroy or damage. Section 44. The fixed route transport operation licensee who intends to cease the transport operation shall notify such intention in writing to the Registrar not less than ninety days before the date of cessation of transport operation. Section 45. The holder of the license to operate transport by a small vehicle who intends to cease the transport operation shall notify such intention in writing to the Registrar not less than sixty days before the date of cessation of transport operation. Section 46. When it appears that a transport operation licensee: (1) lacks the qualification under section 24; (2) fails to comply or to correctly observe the conditions in section 31, section 32, section 33 and section34, the requirements on safety of passengers under section 36, or the provisions in Chapter IV Compensation for Damages Resulting from Transportation;

20 20 The Registrar shall have power to order the transport operation licensee to correctly observe or remedy the incorrectness within the prescribed period. If the transport operation licensee fails to do so or it is apparent that the transport operation licensee is unable to comply with such conditions or requirements or such operation would bring public danger or deteriorate the public benefit, the Registrar, with the approval of the Board, shall revoke the license to operate the transport; provided that in respect of the license to operate fixed route transport, it shall be the power of the Central Land Transport Control Board to approve the revocation thereof. Section 47. The transport operation licensee whose license is revoked shall return the license to the Registrar within fifteen days from the date of revocation thereof. Section 48. The transport operation licensee whose license is revoked has the right to appeal to the Minister within fifteen days from the date of knowledge of the order of revocation thereof. The decision of the Minister shall be final. The appeal under paragraph one shall not suspend the execution of the order of revocation thereof. Section 49. The Director General or the Registrar has the power to control and supervise all the affairs relating to transport for the execution of this Act, and for such purpose the Director General or the Registrar has the power: (1) to enter the place of business operation of the transport operation licensee during regular working hours for finding facts or inspection of accounts and other documents connecting to the transport operation;

21 21 (2) to summon the transport operation licensee, manager and officers of the transport operation licensee which is a juristic person, to give statement or to order the submission of explanation of facts required. In the performance of duties under (1), the Director General shall have power to entrust an Inspector or a Vehicle Condition Examining Officer to act in his place. In the performance of duties of the Director General, Registrar, Inspector, or Vehicle Condition Examining Officer under this section, the person concerned appearing in such place shall render facility or assistance as appropriate. Section 50. The Inspector has the power to call a vehicle to stop for inspection, and if he believes that there occurs an act in violation of this Act, he shall have power to arrest the violator for further proceedings by the administrative official or police officer. The provisions of paragraph one shall not prejudice the power to arrest by the administrative official or police officer. Section 51. In the performance of duties under section 49 and section 50, the Inspector and the Vehicle Condition Examining Officer shall produce their identity cards to the person concerned. The identity card of the Inspector and the Vehicle Condition Examining Officer shall be in the form prescribed by the Minister. Chapter IV Compensation for Damages Resulting from Transportation

22 22 Section The fixed route transport operation licensee, non-fixed route transport operation licensee, holder of the license to operate transport by a small vehicle and private transport operation licensee shall deposit with the Central Registrar securities either in cash or Thai Government s bond or both together, or an insurance contract and policy done with an insurance company approved by the Central Registrar. In case of an insurance contract and policy, the transport operation licensee shall be the assured party while the third party whose damage results from the transport operation of the licensee shall be the beneficiary for preliminary expense in compensation for injury to life or body of the third party which the transport operation licensee is liable to pay on account of his transport operation, subject to the rule, procedure and condition prescribed in the Ministerial Regulation. The amount and value of the securities under paragraph one shall be determined in accordance with the size and category of the transport operation which shall not be lower than those prescribed in the Ministerial Regulation. In the case where the transport operation licensee deposits security in cash, whether in whole or in part, the interest accrues therefrom shall vest in him. The Department of Land Transport shall be responsible for opening a deposit bank account and drawing money from the security bank account, subject to the rule of the Ministry of Finance. Section 53. In the case where the amount or value of the securities deposited under section 52 decreases, the Central Registrar has the power to order the transport operation licensee to fill such amount or value up to the required level within fifteen days from the date of receipt of the order (1992). 13 Section 52 paragraph one is amended by the Land Transport Act (No. 5), B.E.

23 23 Section 54. In depositing Thai Government s bonds as securities, the transport operation licensee shall provide the Central Registrar with a power of attorney authorizing the Central Registrar to sell such bonds for compensation for damages on behalf of the transport operation licensee. Section 55. The securities deposited by the transport operation licensee under section 52 shall not be subject to the execution of judgment except the execution of judgment for payment of debts which the transport operation licensee is liable to compensate for injury to life or body of the third party on account of his transport operation. Section 56. When a vehicle of the transport operation licensee causes injury to life or body of any person, other the liability prescribed in section 59, the transport operation licensee who is the owner of the vehicle causing such injury shall be liable for preliminary expense to the injured person or an heir of the injured person in case the injured person is dead. The preliminary expense to be paid to the injured person shall be determined on account of the seriousness of the case, subject to the rate prescribed in the Ministerial Regulation. For the purpose of this Act, preliminary expense means the expense in medical treatment including other expenses incurring thereon and/or funeral expense. Section 57. The injured person, or an heir of the injured person in case the injured person is dead, who wishes to receive the preliminary expense shall file an application, in the form prescribed by the Royal Thai Police, with the investigation officer producing an evidence that the injured person is injured by a vehicle of the transport operation licensee. The investigation officer shall determine the file of investigation and upon finding that the injury results from any vehicle of

24 24 the transport operation licensee, the investigation officer shall send a written notice ordering the transport operation licensee who is the owner of such vehicle to pay the preliminary expense at the rate prescribed in the Ministerial Regulation issued under section 56 paragraph two. In such case the Central Registrar shall also be informed as soon as possible. The order of the investigation officer under paragraph one shall be made within seven days from the date of receiving the application. The payment of preliminary expense under paragraph one shall be made by the transport operation licensee within seven days from the date of receiving the order of the investigation officer. Section 58. The injured person or an heir of the injured person shall exercise the right of receiving preliminary expense under section 57 within one year from the date of occurrence of injury. Section 59. The compensation of preliminary expense under this Chapter shall not prejudice the right of the injured person to claim for compensation for damages resulting from tort under the Civil and Commercial Code. Section 60. The persons entitled to the compensation of preliminary expense under this Chapter are the following injured persons: (1) the injured person who is not in the vehicle causing injury but injured by the vehicle causing injury; (2) the injured person who is in the vehicle causing injury but not includes the driver, worker or employee who is a vehicle personnel under duty; (3) the injured person who is in a vehicle other than that causing injury.

25 25 Section 61. In the case where the transport operation licensee disagrees with the order of the investigation officer under section 57, he shall appeal against such order to the Central Land Transport Control Board within fifteen days from the date of receipt of the order of the investigation officer under section 57, and the investigation officer shall record the dissenting opinion of the transport operation licensee into the investigation file. The decision of the Central Land Transport Control Board shall be final. Section 62. In the case where the transport operation licensee appeals against the order of the investigation officer, if the Central Land Transport Control Board agrees with the opinion of the investigation officer, the transport operation licensee is liable to pay ten per cent more of the preliminary expense in addition to the sum determined by the investigation officer to the injured person or an heir of the injured person. Section 63. Any transport operation licensee who fails to pay the preliminary expense in accordance with the order of the investigation officer under section 57 or the decision of the Central Land Transport Control Board under section 61, in case he is the transport operation licensee under section 52, the Central Registrar has the power to pay the preliminary expense from the securities deposited by such transport operation licensee. Section 64. In the case where the injured person does not received the preliminary expense, or has not received the full amount in accordance with the order of the investigation officer or the Central Land Transport Control Board notwithstanding that the securities deposited are not sufficient for paying the preliminary expense or any other cause whatsoever. Upon a petition of the injured person, the Central Registrar shall order the transport operation licensee to

26 26 completely pay such amount within seven days from the date of receipt of the order otherwise the Central Registrar shall revoke such license to operate transport and the provisions of section 47 and section 48 shall apply mutatis mutandis. Chapter V Transport Management Section 65. No person shall operate transport management unless having been licensed by the Central Registrar. The application for and the granting of license shall be in accordance with the rule and procedures prescribed in the Ministerial Regulation. Section 66. In issuing a license to operate transport management the Registrar, with the approval of the Board, shall impose the conditions in the license concerning: (1) the locality where transport management takes place; (2) the situation of the office of the transport management operator; (3) the resting place for passengers or animals, or place for keeping goods; (4) measures concerning welfare, convenience and safety in transport management; (5) the rates of transport management charges; (6) other conditions prescribed in the Ministerial Regulation. The transport management licensee shall provide a notice showing the conditions under (1), (2), (3), (4) and (5) to be affixed at the place determined by the Director-General.

27 27 Section 67. Subject to the rule and procedures prescribed in the Ministerial Regulation, the transport management licensee under section 65 shall deposit securities with the Registrar for securing the performance of transport management contract. Section 68. In the case where the amount or value of the securities deposited under section 65 decreases, the Registrar has the power to order the licensee to fill such amount or value up to the required level within fifteen days from the date of receipt of the order. Section 69. A license to operate transport management shall be valid for two years from the date of its issuance. The application for and grant of a license shall be in accordance with the rule and procedures prescribed in the Ministerial Regulation. Section 70. Section 24, section 38, section 42, section 43, section 46, section 47, section 48 and section 49 shall apply to the transport management operation mutatis mutandis. Chapter VI Vehicles Section 71. Vehicles used in transport must be strong, firm and well equipped with accessories and components prescribed in the Ministerial Regulation under section 73 and have already paid tax under 85. Vehicles used in transport which have already paid tax under this Act shall be exempt from motor vehicle tax levied under the law on motor vehicle.

28 28 Section A vehicle applying for registration and tax payment must have undergone vehicle condition examination by the Vehicle Condition Examining Officer or the vehicle condition examination center licensed under section 74 except the vehicle of any category and type appropriate to be exempted from time to time as prescribed in the Ministerial Regulation. In the case where the vehicle under condition examination appears to be strong, firm and well equipped with accessories and components prescribed in the Ministerial Regulation, the Vehicle Condition Examining Officer or the licensed vehicle condition examination center shall thereby issue a certificate for such vehicle. The certificate of vehicle condition examination shall be in the form prescribed by the Director-General. Section Upon considering that the Vehicle Condition Examining Officer or the licensed vehicle condition examination center has correctly condition examined the vehicle under section 71 and section 72, the Registrar shall thereby have it registered and issues a registration certificate including a registration plate without delay. Section 74. Any person wishing to establish a vehicle condition examination center for providing vehicle condition examination under this Act shall be licensed by the Central Registrar. The application for and grant of a license shall be in accordance with the rule and procedures prescribed in the Ministerial Regulation. 14 Section 72 is amended by the Land Transport Act (No. 2), B.E (1980). 15 Section 73 is amended by the Land Transport Act (No. 2), B.E (1980).

29 29 Section 75. A license to establish a vehicle condition examination center shall be valid for three years from the date of its issuance. The application for and grant of a renewal of license shall be in accordance with the rule and procedures prescribed in the Ministerial Regulation. Section 76. If any holder of the license to establish a vehicle condition examination center fails to comply with the conditions prescribed in the Ministerial Regulation under section 74, the Central Registrar shall have power to order the revocation of such license. Section 47, section 48 and section 49 shall apply to the licensed vehicle condition examination center mutatis mutandis. Section 77. A vehicle registration certificate shall be valid for four regular intervals as from the interval of issuance. January, April, July and October shall be the first month of each regular interval. An application for renewal of registration shall be filed with the Registrar within the period prescribed by the Registrar. Section 71, section 72 and section 73 shall apply to the renewal of registration mutatis mutandis. Section 78. No significant modification or alteration shall be made to the accessories and components as prescribed in the Ministerial Regulation unless having been permitted in writing by the Registrar. Section 79. The transport operation licensee who wishes to cease using a registered vehicle shall notify the Registrar in writing and return the vehicle registration plate to the Registrar within fifteen days from the date of cessation of using such vehicle.

30 30 Section 80. The transport operation licensee who needs to stop using a vehicle temporarily for longer than fifteen days shall give a prior notice in writing to the Registrar. Section 81. As regard the vehicle which still has not been registered under this Act or has ceased to be used under section 79, if it resumes to be offered for sale or for repair, it must bear a specific license and sign prescribed in Ministerial Regulation. Such specific licenses and signs may be interchangeably used among the vehicles under possession of a licensee. Section 82. In the transfer of a vehicle which has already been registered under section 73, the transferor and the transferee shall notify the Registrar within fifteen days from the date of transfer and the Registrar shall record the transfer in such vehicle registration certificate. Section 83. Upon finding that any vehicle is not strong, firm or completely equipped with accessories and components prescribed in the Ministerial Regulation, the Inspector shall report to the Registrar for information. However, if it is apparent that the further use of such vehicle would cause danger in the transport, the Inspector has the power to order the temporary cessation of use of such vehicle, and then report to the Registrar for information within twenty-four hours. The Registrar shall have power to order the transport operation licensee who is the owner of the vehicle under paragraph one to send such vehicle to the Vehicle Condition Examining Officer or the licensed vehicle condition examination center for examining the defect reported by the Inspector within the prescribed period.

31 31 When the Registrar has given an order under paragraph two, the licensee shall stop using such vehicle until the Registrar gives an order permitting the use again. Section 84. When the Vehicle Condition Examining Officer or the licensed vehicle condition examination center finds that the vehicle examined under section 83 needs to be repaired or modified in order to be strong and firm, or the accessories and components need to be rectified so as to comply with the Ministerial Regulation, the transport operation licensee shall be informed to carry out the repair, modification, or rectification thereof. The Vehicle Condition Examining Officer or the licensed vehicle condition examination center shall thereafter check the correctness and report the Registrar for information. Upon satisfied with the report of the Vehicle Condition Examining Officer or the licensed vehicle condition examination center under paragraph one, shall allow the transport operation licensee to use such vehicle again. Section 85. For the purpose of collecting vehicle tax under this Act, the Department of Land Transport may fix the time for each transport operation licensee to pay annual vehicle tax which shall be calculated in accordance with the weight of the vehicle under the rate attached to this Act. In calculating the weight of vehicle, the weight of vehicle and accessories normally attached thereto shall be included, but not includes the weight of fuel, lubricant, water and tools for use in the vehicle. Fraction of a kilogram shall be discarded. Vehicle tax under this Act which is collected in Bangkok Metropolis shall vest in the Bangkok Metropolis. Those collected in other Changwats shall vest

32 32 in the respective local government of such Changwats which shall be allotted in accordance with the rule and procedure prescribed in the Ministerial Regulation. 16 Section 86. Vehicle tax shall be paid to the Registrar annually in advance, and may be paid in installments, however, with an addition fee prescribed in the Ministerial Regulation. A vehicle newly registered at any interval of the year shall pay vehicle tax commencing from such interval on. An owner of any vehicle who fails to pay vehicle tax within the period required shall be imposed an additional penalty fee of a percentage of the due vehicle tax per month or fraction of a month. Addition fee under this section shall be deemed a tax. Section 86/1. 17 For a vehicle which has already paid vehicle tax for any particular year, if the owner of the vehicle is changed to a new one, the new owner need not have to pay vehicle tax for such year. Section 86/2. 18 Pending annual vehicle tax payment by an owner of the vehicle, the Registrar has the power to refuse the transaction of registration until the owner of vehicle has already paid the full amount of default vehicle tax or has undergone the procedure under section 86/3 paragraph two. 16 Section 85 paragraph three is amended by the Land Transport Act (No. 9), B.E (1999). 17 Section 86/1 is added by the Land Transport Act (No. 10), B.E (2003). 18 Section 86/2 is added by the Land Transport Act (No. 10), B.E (2003).

33 33 Section 86/3. 19 For the vehicle which has defaulted payment of annual vehicle tax for less than three years, if the owner of vehicle wishes to pay vehicle tax of the current year in order to use the vehicle in such year, the Registrar shall accept the tax payment. As regard the defaulted tax, the Registrar shall fix the amount and the period for payment thereof in accordance with the rule, procedure and condition prescribed by the Director-General. In the case where the owner of vehicle is in default of payment of full amount of vehicle tax under paragraph two, the Registrar has the power to refuse the transaction of registration until the owner of vehicle has already paid the full amount of default vehicle tax. Section 86/4. 20 For the vehicle which has defaulted payment of annual vehicle tax for three consecutive years, the registration of vehicle shall cease. In such case, the Registrar shall make an announcement of the registration number including the amount of defaulted tax to be placed at the office of the Registrar and at the place prescribed by the Director-General, and shall notify the owner or occupier of the vehicle for information, and shall require such person to return the registration plate to the Registrar and present the registration certificate to the Registrar for having it recorded the cessation of registration within sixty days from the date of announcement and placing the announcement thereof. In the case where the owner or possessor of the vehicle fails to respond to the requirement under paragraph one, the Registrar or Inspector or person entrusted by the Director-General shall have power to seize the vehicle registration plate. 19 Section 86/3 is added by the Land Transport Act (No. 10), B.E (2003). 20 Section 86/4 is added by the Land Transport Act (No. 10), B.E (2003).