Land Transport Act,

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

Unofficial Translation*

Land Transport Act, B.E. 2522 (1979).**

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Bhumibol Adulyadej, Rex. Given on the 15th March B.E. 2522 (1979) Being the 34th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

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. 2522”. Section 2. This Act shall come into force after one hundred and eighty days from the date of its publication in the Government Gazette1. Section 3. The following Acts shall be repealed:

* 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 by the Office of the Council of State.

** As amended up to the Land Transport Act (No. 13), B.E. 2557 (2014). 1 Published in the Government Gazette, Vol. 96, Part 38, Special Issue, dated 21st

March, B.E. 2522 (1979).


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(1) Land Transport Act, B.E. 2497; (2) Land Transport Act (No. 2), B.E. 2510; (3) Land Transport Act (No. 3), B.E. 2518. 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)2 “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)3 “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; (7) “International transport” means fixed route transport, non-fixed route transport or private transport which is made between Thailand and a foreign country;

2 Section 4 (4) is amended by the Land Transport Act (No. 2), B.E. 2523 (1980). 3 Section 4 (5) is amended by the Land Transport Act (No. 2), B.E. 2523 (1980).


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(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 5.4 This Act shall not apply to: (1) the transport by military motor vehicle under the law on military motor vehicle; (2) the transport by:

4 Section 5 is amended by the Land Transport Act (No. 6), B.E. 2537 (1994).


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(a) a taxi carrying not more than seven passengers, an inter-provincial 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. 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


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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

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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. Section 9. The qualified member shall hold office for a term of two years.


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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. 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.


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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

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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. Section 19. The Central Land Transport Control Board has the power and duties as follows:


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(1) to prescribe the nature of the fixed route transport and the non-fixed 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. 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;


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(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.

Chapter III

Transport Operation _______


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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)5 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 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.

5 Section 24 (3) is amended by the Land Transport Act (No. 9), B.E. 2542 (1999).


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(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.

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.


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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 non-

fixed 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.


Section 29.6 The provisions of section 23 shall not apply to the

private transport operated by a Ministry, Sub-Ministry, local government, temple,



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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) 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;


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(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; (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.


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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 34.7 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; (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)8 the number of vehicle personnel; (5)9 other conditions prescribed in the Ministerial Regulation.

7 Section 34 is amended by the Land Transport Act (No. 2), B.E. 2523 (1980). 8 Section 34 (4) is added by the Land Transport Act (No. 5), B.E. 2535 (1992). 9 Section 34 (5) is added by the Land Transport Act (No. 5), B.E. 2535 (1992).


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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 36.10 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.

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.



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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.11 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 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.

11 Section 40 bis. is amended by the Land Transport Act (No. 9), B.E. 2542 (1999).


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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;

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.


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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;

(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


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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 _______

Section 52.12 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.

12 Section 52 paragraph one is amended by the Land Transport Act (No. 5), B.E. 2535

(1992).


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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. 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.


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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 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.


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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. 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


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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 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;


26

(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.

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


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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.

Section 72.13 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 73.14 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.

13 Section 72 is amended by the Land Transport Act (No. 2), B.E. 2523 (1980). 14 Section 73 is amended by the Land Transport Act (No. 2), B.E. 2523 (1980).


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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.


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.


29

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.

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,


30

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. 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


31

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 in the respective local government of such Changwats which shall be allotted in accordance with the rule and procedure prescribed in the Ministerial Regulation.15 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 86/1.16 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 86/2.17 Pending annual vehicle tax payment by an owner of

the vehicle, the Registrar has the power to refuse the transaction of registration until

15 Section 85 paragraph three is amended by the Land Transport Act (No. 9), B.E. 2542

(1999). 16 Section 86/1 is added by the Land Transport Act (No. 10), B.E. 2546 (2003).

17 Section 86/2 is added by the Land Transport Act (No. 10), B.E. 2546 (2003).


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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.

Section 86/3.18 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 86/4.19 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

18 Section 86/3 is added by the Land Transport Act (No. 10), B.E. 2546 (2003). 19 Section 86/4 is added by the Land Transport Act (No. 10), B.E. 2546 (2003).


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person entrusted by the Director-General shall have power to seize the vehicle registration plate. The burden of annual vehicle tax payment after the third year of default shall cease; provided that the owner or possessor of the vehicle still has to pay the full amount of defaulted tax payment and section 86/2 and section 86/3 paragraph two and paragraph three shall apply mutatis mutandis. Section 87. The vehicle which has already registered and paid the tax incurred, if it is subsequently modified or improved to the extent that the weight increases, the owner of the vehicle must pay additional tax for the part of the increasing weight of the vehicle, and the provisions of section 86 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis. Section 88.20 The vehicle which is used for personal transport of any Ministry, Sub-Ministry, Department, local administration, temple, foundation, and the Thai Red Cross Society shall be exempted from tax payment. Section 88 bis.21 (Repealed) Section 89. The vehicle which has already registered but fails to pay tax in accordance with section 86, the owner of the vehicle shall inform the Registrar and submit the vehicle registration plate to the Registrar within thirty days from the due date for the next term of tax payment.

20 Section 88 is amended by the Land Transport Act (No. 9), B.E. 2542 (1999). 21 Section 88 bis is added by the Emergency Decree amending the Land Transport Act,

B.E. 2522, B.E. 2529 (1986), however, it is subsequently disapproved by the House of Representatives as witnessed in the Announcement of the Office of the Prime Minister Re: Disapproval to the Emergency Decree amending the Land Transport Act, B.E. 2522, B.E. 2529 (1986), in the 1/2529 session of the meeting of the House of Representatives (Ordinary Session), Thursday 1st of May, 1986, which resolves to disapprove the Emergency Decree.


34

Any owner of the vehicle who fails to comply with paragraph one is obligated to pay tax on the next term of tax payment in accordance with section 86. Section 90. The owner of the vehicle shall place the vehicle registration plate and the sign of evidence of tax payment on the vehicle as determined by the Director-General. Section 91. In the case where the vehicle registration plate or the sign of evidence of tax payment is lost, or essentially destroyed, damaged or faded, the owner of the vehicle shall file an application for a new vehicle registration plate or sign of evidence of tax payment with the Registrar within fifteen days from the date of knowledge of such loss, destruction, damage or fading.

Chapter VII Vehicle Personnel

______ Section 92. Vehicle personnel comprise of: (1) a driver;

(2) a conductor; (3) an inspector; (4) a service provider as determined in the Ministerial Regulation. Section 93. No person shall perform the duty of vehicle personnel

unless having been licensed by the Registrar. Application for and granting of a license shall be in accordance with

the rules and procedure prescribed in the Ministerial Regulation.


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Section 94. There are four types of licenses for vehicle personnel as follows:

(1) a license for driver (2) a license for conductor; (3) a license for inspector; (4) a license for service provider. Each type of license shall not be interchangeable except the type one,

type three and type four licenses may be used as type two license. Section 95.22 Licenses for drivers comprise of: (1) type one, a license for driver of a vehicle with vehicle weight and

loading weight in total, without transporting passengers, does not exceed three thousand kilograms or a vehicle using for transport of less than twenty passengers;

(2) type two, a license for driver of a vehicle with vehicle weight and loading weight in total, without transporting passengers, exceeds three thousand kilograms or a vehicle using for transport of more than twenty passengers;

(3) type three, a license for driver of a vehicle which is by nature used for pulling other vehicle or wheeled vehicle loading anything thereon;

(4) type four, a license for driver of a vehicle used for transport of hazardous substance of the category or type, and loading nature prescribed by the Director-General and published in the Government Gazette.

Each type of license shall not be interchangeable except the type two, type three and type four licenses may be used as type one license; the type three and type four licenses may be used as type two license; and the type four license may be used as type three license.

The announcement of the Director-General under (4) of paragraph one shall come into force upon the lapse of sixty days from the date of its publication in the Government Gazette.



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Section 96. An applicant for license to perform the duty of vehicle

personnel under section 93 in the categories of fixed route transport, non-fixed route transport, or transport by a small vehicle shall possess the qualifications and character as follows:

(1) being of Thai nationality; (2) having the knowledge and capability prescribed in the Ministerial

Regulation; (3) not being disabled to the extent that he or she is apparently

unable to perform the duty properly; (4) not being a person of unsounded mind or mental infirmity; (5) not suffering disgusting contiguous disease; (6) not being an alcoholic or addicted to narcotics; (7) not being a person having been licensed to perform the duty of

the same category or type of vehicle personnel; (8) not being under suspension or revocation of license to perform the

duty of vehicle personnel unless such revocation of license has been lapsed for three years from the date of order of revocation;

(9) never having been imprisoned by a final judgment or lawful order to imprisonment except for an offence committed through negligence, other than that committed by using vehicle, or a petty offence, or has been released for more than three years;

(10) never having been remanded in custody for having social danger or malevolent behavior unless having been released for more than one year.

Section 97. Subject to section 96, an applicant for driving license

must not be under the age determined in the Ministerial Regulation, and has passed a course of study from a school of transport of the Department of Land Transport or a driving school certified by the Department of Land Transport.


37

The certification of a driving school under paragraph one shall be in accordance with the rules, procedure and condition prescribed in the Ministerial Regulation.

Section 98. Subject to section 96, an applicant for a license for

conductor, inspector or service provider must not be under the age determined in the Ministerial Regulation.

Section 99. An applicant for license to perform the duty of vehicle

personnel in private transport shall possess the qualifications and character under section 96 (2), (3), (4), (5), (6), (7), (8), (9) and (10) and must not be under the age determined in the Ministerial Regulation.

Section 100.23 A license to perform the duty of vehicle personnel

shall be valid for three years from the date of issuance. In renewing the license to perform the duty of vehicle personnel, the

licensee to perform the duty of vehicle personnel shall, before the date the license expires, file an application to the Registrar in the form prescribed by the Registrar.

Section 101. During the performance of duty, the licensee to perform

the duty of vehicle personnel shall posses the license and must produce it on demand of the Registrar or an inspector.

Section 102. During the performance of duty, the licensee to perform

the duty of vehicle personnel shall: (1) dress in the clean and neat form determined in the Ministerial

Regulation;



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(2) refrain from satirical, disdainful, insulting, or annoying action or expression addressing to any one, or from acting or expressing whatsoever in an inappropriate or impolite manner;

(3) refrain from drinking liquor, other intoxicating drink, or getting drunk;

(3 bis)24 refrain from consuming narcotics under the law on narcotic drug;

(3 ter)25 refrain from consuming psychotropic substance under the law on psychotropic substance;

(4) comply with the requirement on safety transportation determined in the Ministerial Regulation.

Section 102 bis.26 In the case where there is a reasonable ground to

believe that there is substance resulting from having consumed liquor or other intoxicating drink, narcotics or psychotropic substance in the body of any licensee to perform the duty of vehicle personnel during the performance of duty, an inspector, administrative officer, or police officer has the power to render examination or testing or causes him or her to be examined or tested that there is such substance in his or her body or not.

The competent official and the examination or testing method under paragraph one shall be in accordance with the rules and procedure prescribed by the Director-General by publishing in the Government Gazette.

Section 103. In addition to compliance with the provisions of section

102, the driving licensee shall:

24 Section 102 (3 bis) is added by the Land Transport Act (No. 4), B.E. 2535 (1992).

25 Section 102 (3 ter) is added by the Land Transport Act (No. 4), B.E. 2535 (1992). 26 Section 102 bis is added by the Land Transport Act (No. 4), B.E. 2535 (1992).


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(1) refrain from driving in the state of bodily or mentally incompetent; (2) refrain from transporting a person infected with leprosy or

disgusting contiguous disease together with other passengers; (3) refrain from transporting a corpse, animal or object which may be

dangerous or disgusting together with passengers; (4)27 refrain from transporting fuel, explosive, or hazardous substance

in violation of the prohibitions prescribed by the Director-General by publishing in the Government Gazette;

(5) stop or park vehicle at the transport station and comply with the regulations concerning transport station under section 19 (8) and (10).

Section 103 bis.28 Subject to the law on labour protection in the

performance of duty in driving vehicle within a twenty-four hours period, no driving licensee shall perform the driving duty for four consecutive hours as from the time of commencement of duty; provided that if the licensee has, in the meantime, relaxed for a consecutive period of not less than half an hour, he or she may further the performance of driving duty for a consecutive period of not more than four hours.

Section 104. No licensee to perform the duty of vehicle personnel

shall, by any mean whatsoever, cause a passenger to unwillingly step down from the vehicle before arriving at the destination if such passenger has already paid the passenger fee correctly.

Section 105. No driving licensee shall refuse to stop the vehicle for

allowing passenger to step up or down from the vehicle at a place having sign of bus

27 Section 103 (4) is amended by the Land Transport Act (No. 5), B.E. 2535 (1992). 28 Section 103 bis is added by the Land Transport Act (No. 8), B.E. 2542 (1999).


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stop if it appears that there is a passenger wishing to have the vehicle stop for stepping up or down from the vehicle.

Section 106. While performing the duty, no driving licensee shall, by

any mean whatsoever, leave the duty without reasonable justification. Section 106 bis.29 In the case where there is a bilateral agreement

between the Government of Thailand and a foreign Government concerning reciprocal recognition of domestic driving licenses, an alien temporarily permitted to stay in the Kingdom under the law on immigration having a driving license issued by the competent official or a driving society recognized by the Government of the country under such bilateral agreement may use the driving license of such country in driving in the Kingdom in accordance with the category and type of vehicle specified in such driving license; provided that the existing Conventions and/or Agreements between the Government of Thailand and the Government of such country and all the provisions relating to the obligations of a driver under this Act must be complied.

Section 107. In transportation of inter-provincial or international fixed

route transport or non-fixed route transport between Thailand and a foreign country, no driving licensee shall transport passengers in excess of that specified in the license.

Section 108. When it appears that any licensee to perform the duty

of vehicle personnel lacks any qualification or has the character prescribed in section 96, section 97, section 98 or section 99, or has subsequently become

29 Section 106 bis is added by the Land Transport Act (No. 3), B.E. 2530 (1987).


41

disadvantageous after the grant of license, the Registrar shall revoke the license of such person.

Section 109. If any licensee to perform the duty of vehicle personnel

violates or fails to comply with the provisions of this chapter, the inspector shall have power to seize the license to perform the duty of vehicle personnel of such person and issue a written order requiring such person to be present before the Registrar within seventy-two hours. Such written order shall be deemed a temporary license to perform the duty of vehicle personnel within such period of time.

The Registrar shall have power to order the suspension of such license for a period not exceeding one hundred and eighty days or may revoke such license.

Section 110. The licensee to perform the duty of vehicle personnel

whose license is suspended or revoked has the right to appeal against the order to the Minister within fifteen days from the date of knowledge of the order.

The decision of the Minister shall be final. The appeal under paragraph one shall not suspend the execution of

the order of suspension or revocation of the license. Section 111. All the provisions of law on vehicle and the law on

traffic of land transportation concerning the obligations of the driver, conductor, and inspector shall apply mutatis mutandis.

Chapter VIII Passengers

______ Section 112. A passenger shall pay the transportation fee and other

service fee as determined by the Board.


42

Section 113. The passenger shall comply with the requirement on safety and public order determined in the Ministerial Regulation at all time during the transport.

The transport operation licensee shall cause the announcement of the requirement under paragraph one to be displayed at a conspicuous place in the vehicle.

Chapter IX Transport Station

______ Section 114. There are two categories of transport stations as follows: (1) Passengers Transport Station; (2) Animal and/or Goods Transport Station. The description of the transport station under paragraph one shall be

prescribed in the Ministerial Regulation. Section 115. The Department of Land Transport shall, with the

approval of the Central Land Transport Control Board, provide transport stations in the Bangkok Metropolitan and in the locality of other Changwats, either by itself or by entrusting a Public Enterprise or State Organization.

The Director-General shall have power to determine service fees of the transport stations not exceeding the rates determined by the Central Land Transport Control Board.

Any other person who wishes to establish and operate a transport station is required to be permitted by the Central Registrar with the approval of the Central Land Transport Control Board.

The application for and the grant of permission shall be in accordance with the rule and procedure prescribed in the Ministerial Regulation.


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Where and when a transport station shall be provided or established shall be in accordance with the Announcement made by the Minister and published in the Government Gazette.

Section 116. The Director-General shall have power to supervise and

control the operation relating to transport stations in compliance with this Act. For this purpose, he or she may appoint Government officials and/or employees attached to the Department of Land Transport to be the Heads and officers of transport stations, in the number as he or she deems appropriate, with the power to supervise and control of the affairs.

Section 117. In the administration relating to a transport station of the

Department of Land Transport under section 115 paragraph one, the Director-General may appoint a committee consisting of a Chairperson and not exceeding eight other members for supervising, controlling and operating the affairs of the transport station.

The members appointed by the Director-General hold office for a term of three years. The member vacating office at the end of term may be re-appointed.

The committee shall elect a member to be secretary of the committee.

The provisions of section 12 and section 13 shall apply to the meeting of the committee mutatis mutandis.

Section 118. An applicant for the license of establishment and

operation of a transport station under section 115 paragraph three must possess the qualifications and character under section 24.

Section 119. A license to establish and operate a transport station

shall be valid for a period determined by the Central Land Transport Control Board but not exceeding twenty years from the date of issuance of the license.


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The licensee to establish and operate a transport station who wishes to renew the license must apply for a renewal of license not less than one year before the license expires.

The application for and the grant of renewal of license shall be in accordance with the rule and procedure prescribed in the Ministerial Regulation.

Section 120. The licensee to establish and operate a transport station

has the duty to supervise and responsible for the affairs of the transport station including the maintenance of public order and safety within the area of such transport station.


shall, for the sake of safety, provide one or more mechanics to be on duty all the time for examining vehicle condition of the fixed route transport vehicle which arrives to stop or park for transport at such transport station.

The qualification and number of mechanics to be on duty shall be determined by Director-General.


shall provide a garage and vehicle repair service for assisting and rendering facility to the vehicles arriving at such transport station.


shall provide parking spaces as determined by Director-General. Section 124. The licensee to establish and operate a transport station

shall provide a book for registering the vehicles arriving to and departing from the transport station in the form determined by Director-General.


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The book for registration of vehicles shall be maintained at the office of the transport station and shall be available for inspection by the Registrar, Vehicle Condition Examining Officer, or inspector at all times.


shall collect operation service fee of the transport station at the rate not exceeding the rate determined by the Central Land Transport Control Board.

Chapter X

Penalty Provisions ______

Section 126. Whoever contravenes or fails to comply with section 23 paragraph one, section 25 paragraph one, section 26 paragraph one, section 65 paragraph one, or section 74 paragraph one shall be liable to an imprisonment for a term not exceeding five years or to a fine from twenty thousand Baht to one hundred thousand Baht, or to both. Section 127.30 Any licensee to perform the duty of vehicle personnel who violates or fails to comply with section 26 paragraph two, section 101, section 102 (1), (2) or (4), section 103, section 103 bis, section 104, section 105, section 106, or section 107 shall be liable to a fine not exceeding five thousand Baht. Section 127 bis.31 Any licensee to perform the duty of vehicle personnel who violates section 102 (3) shall be liable to a fine not exceeding five thousand Baht. Provided that for a driving licensee he or she shall be liable to an

30 Section 127 is amended by the Land Transport Act (No. 8), B.E. 2542 (1999). 31 Section 127 bis is amended by the Land Transport Act (No. 8), B.E. 2542 (1999).


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imprisonment for a term not exceeding three months or to a fine from two thousand Baht to ten thousand Baht, or to both. Any licensee to perform the duty of vehicle personnel who violates section 102 (3 bis) or (3 ter) shall be liable to the penalty prescribed in the law on narcotics or the law on psychotropic substance, as the case may be. Provided that for a driving licensee he or she shall be liable to an additional one-third more of the penalty prescribed in the law on narcotics or the law on psychotropic substance, as the case may be. Section 127 ter.32 Any licensee to perform the duty of vehicle personnel who violates or fails to comply with the order of the inspector, administrative officer, or police officer under section 102 bis shall be liable to a fine not exceeding one thousand Baht. Section 127 quarter.33 In the case where a driver drives a vehicle used for transportation and thereby causes danger or damage to life or property of other person, if it appears that while driving the vehicle the driver violates section 102 (3), (3 bis) or (3 ter), the transport operation licensee shall be deemed violates or fails to comply with section 40 bis paragraph two unless he or she is able to prove otherwise that he or she has not known or has taken appropriate care in preventing the driver from doing so. Section 128. Any transport operation licensee who violates section 27 paragraph three shall be liable to an imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand Baht, or to both.

32 Section 127 ter is added by the Land Transport Act (No. 4), B.E. 2535 (1992). 33 Section 127 quarter is added by the Land Transport Act (No. 8), B.E. 2542 (1999).


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Section 129. Any fixed route transport operation licensee who fails to comply with the conditions determined under section 31 (1) shall be liable to a fine at the rate of not exceeding five thousand Baht per day for each vehicle unavailable for use until the conditions are fulfilled. Section 130. Any international fixed route transport operation licensee who fails to comply with the conditions determined under section 31 (1), which is applied mutatis mutandis under section 25, shall be liable to a fine at the rate of not exceeding five thousand Baht per day for each vehicle unavailable for use until the conditions are fulfilled. Section 131. Any transport operation licensee who fails to comply with the conditions determined under section 31 (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) or (15), or under any sub-section of section 32, section 33, or section 34, or fails to comply with the Ministerial Regulation issued under section 35 or section 36 shall be liable to a fine not exceeding fifty thousand Baht. Section 132. Any international fixed route transport operation licensee who fails to comply with any sub-section of section 32 or section 34, or fails to comply with the Ministerial Regulation issued under section 36, which is applied mutatis mutandis under section 25, shall be liable to a fine not exceeding fifty thousand Baht. Section 133. Any transport operation licensee who fails to comply with section 31 paragraph two, section 32 paragraph two, section 33 paragraph two, section 34 paragraph two, section 42, section 47, or section 113 paragraph two shall be liable to a fine not exceeding one thousand Baht. Section 134. Any transport operation licensee who fails to comply with section 37 shall be liable to a fine not exceeding fifty thousand Baht.


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Section 135. Any transport operation licensee who fails to comply with section 38 shall be liable to a fine not exceeding twenty thousand Baht. Section 136. Any transport management licensee who violates section 38, which is applied mutatis mutandis under section 70, shall be liable to a fine not exceeding twenty thousand Baht. Section 137. Any transport operation licensee who violates section 39 shall be liable to a fine at the rate of not exceeding five thousand Baht per day for each vehicle using for transport outside the licensed route or locality until the violation ceases. Section 138. Any non-fixed route transport operation licensee who violates section 40 shall be liable to a fine from fifty thousand Baht to two hundred thousand Baht. Section 138 bis.34 Any transport operation licensee who violates section 40 bis paragraph one shall be liable to an imprisonment for a term not exceeding two years or to a fine not exceeding forty thousand Baht, or to both. Any transport operation licensee who violates or fails to comply with section 40 bis paragraph two shall be liable to a fine not exceeding forty thousand Baht. Section 139. Any transport operation licensee who fails to comply with the order of the Registrar under section 41 shall be liable to a fine not exceeding twenty thousand Baht.

34 Section 138 bis is added by the Land Transport Act (No. 8), B.E. 2542 (1999).


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Section 140. Any transport management licensee who fails to comply with section 42 or section 47, which is applied mutatis mutandis under section 70 or section 76, shall be liable to a fine not exceeding one thousand Baht. Section 141. Any transport operation licensee who fails to comply with section 43 shall be liable to a fine not exceeding one thousand Baht. Section 142. Any transport management licensee who fails to comply with section 43, which is applied mutatis mutandis under section 70, shall be liable to a fine not exceeding one thousand Baht. Section 143. Any transport operation licensee who fails to comply with section 44, section 45, section 79, or section 80 shall be liable to a fine not exceeding ten thousand Baht. Section 144. Any person who obstructs or fails to render facilities to the Director-General, Registrar, Inspector, or Vehicle Condition Examining Officer in the performance of duty under section 49, or section 49 which is applied mutatis mutandis under section 70 or section 76, shall be liable to a fine not exceeding five thousand Baht.

Section 145. Any transport operation licensee who fails to comply with the order of the Central Registrar requiring under section 53 or section 68 shall be liable to a fine of one hundred thousand Baht, or a daily fine of five thousand Baht until the order is completely complied.

Section 146. Any transport management licensee who fails to comply

with the conditions, specified in the transport management license, concerning those prescribed in any sub-section under section 66 shall be liable to a fine not exceeding fifty thousand Baht.


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Section 147. Any transport management licensee who fails to

comply with section 66 paragraph two shall be liable to a fine not exceeding one thousand Baht.

Section 148. Any person who uses vehicle without compliance with

section 71 or violates the order of the Inspector or Registrar under section 83 shall be liable to a fine not exceeding fifty thousand Baht.

Section 149. Any person who violates or fails to comply with section

78, section 81 paragraph one, or section 82 shall be liable to a fine not exceeding five thousand Baht.

Section 149/1.35 Any owner or occupier of vehicle who violates or

fails to comply with section 86/4 paragraph one shall be liable to a fine not exceeding five thousand Baht.

Section 150. Any owner of vehicle who fails to comply with section

90 or section 91 shall be liable to a fine not exceeding two thousand Baht. Section 151. Any person who violates section 93 paragraph one shall

be liable to a fine not exceeding forty thousand Baht. But the person who violates the function of a driver shall be liable to an imprisonment for a term not exceeding two years or to a fine not exceeding forty thousand Baht, or to both.

Any person who violates section 93 paragraph one and has committed any act which is an offence prescribed for the performance of duty of a licensee to perform the duty of vehicle personnel under this Act, in addition to be liable to the penalty under paragraph one, he or she shall be deemed to commit an offence and

35 Section 149/1 is added by the Land Transport Act (No. 10), B.E. 2546 (2003).


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shall be liable to such act as if he or she were a licensee to perform the duty of vehicle personnel.36

Section 152. Any licensee to perform the duty of vehicle personnel

who performs the duty during suspension or revocation of license under section 109, or performs the duty during the driving license is seized under the law on traffic of land transport, shall be liable to an imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht. Provided that if he or she performs the duty of a driver, he or she shall be liable to an imprisonment for a term not exceeding two years and to a fine not exceeding forty thousand Baht.

Section 153. Any passenger who travels in a vehicle with an intention

to avoid paying traveling fee or to pay less than the rate determined, or fails to comply with the Ministerial Regulation issued under section 113 paragraph one shall be liable to a fine not exceeding five thousand Baht.

Section 154. Any person who establishes and operates a transport

station without license under section 115 paragraph three shall be liable to an imprisonment for a term not exceeding five years or to a fine from twenty thousand Baht to one hundred thousand Baht, or to both.

Section 155. Any licensee to establish and operate a transport station

who fails to comply with section 121 paragraph one, section 122, section 123 or section 124 shall be liable to a fine from twenty thousand Baht to one hundred thousand Baht.

Section 156. Any driving licensee who fails to stop or park the vehicle

for transport of passengers or goods at the transport station determined by the

36 Section 151 paragraph two is added by the Land Transport Act (No. 8), B.E. 2542 (1999).


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Central Land Transport Control Board shall be liable to a fine from five thousand Baht to twenty thousand Baht.

Section 157. Any driving licensee who stops or parks the vehicle for

transport of passengers or goods at the transport station but fails to pay operation service fee of the transport station to the transport station under section 125 shall be liable to a fine from five thousand Baht to twenty thousand Baht.

Section 158. Any holder of the license to establish a vehicle

condition examination center who dishonestly or intentionally issues a vehicle condition examination certificate which is fault she shall be liable to an imprisonment for a term not exceeding two years and to a fine not exceeding forty thousand Baht, and the Central Registrar has the power to revoke such license to establish a vehicle condition examination center.

Section 159. Any person who collects the transportation fee,

transport management fee, operation service fee of the transport station, or other service fee beyond the rate determined by the Board shall be liable to a fine not exceeding ten thousand Baht.

Section 160. Any person who: (1) uses the license or any sign which is officially issued for other

person; (2) uses any sign which is officially issued for a vehicle on another

vehicle; (3) allows another person to use the license or any sign which is

officially issued for him or her; (4) modifies or conceals the whole or any part, by any mean

whatsoever, of a vehicle registration plate;


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(5) uses the vehicle which is exempted from tax payment under section 88 for a purpose other than that exempted;

shall be liable to an imprisonment for a term not exceeding six months and to a fine not exceeding ten thousand Baht, or to both.

Section 161. Any person who violates or fails to comply with all the

provisions of the laws on vehicle or the law on traffic on land transportation concerning the duties of the driver, conductor, and inspector under section 111 shall be liable to a fine not exceeding five thousand Baht.

Section 162. Any person who modifies, moves, destroys, or cause

damage by any mean whatsoever to the sign or other thing official made for the purpose of transport shall be liable to a fine not exceeding ten thousand Baht.

Section 163. All the offences under this Act which is punishable by

fine only, the Director-General or the person entrusted by the Director-General has the power to settle the case. After the accused has paid the amount of fine determined by the Director-General or the person entrusted by the Director-General within thirty days, the case is deemed to be settled in accordance with the provisions of the Criminal Procedure Code.

If the accused does not agree to pay the amount of fine determined, or even though agreed but fails to pay the fine within the said period, the case shall be instituted for further proceeding.

Transitional Provisions

_______ Section 164. During the absence of the Ministerial Regulation,

Requirement or Rule issued under this Act, any Ministerial Regulation, Requirement, Rule, Regulation or Announcement issued by virtue of the Transport Act, B.E. 2497 as


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amended by the Transport Act (No. 2), B.E. 2510 and the Transport Act (No. 3), B.E. 2518 before the date this Act comes into force, which is not contrary to or inconsistent with this Act, shall continue to be in force.

Section 165.37 All the licenses issued under the Transport Act, B.E.

2497 as amended by the Transport Act (No. 3), B.E. 2518 and the Land Transport Act, B.E. 2522 shall continue to be valid until the expiration of term; provided that the renewal of license under this Act shall be applied before the license expires.

All the vehicles registered under the law on vehicle before the date this Act comes into force, if the chassis are modified or the shape of auto bodies are wider or longer than that specified in the Ministerial Regulation issued under section 71 of the Land Transport Act, B.E. 2522 before the date this Act comes into force, and such modifications are legally permitted under the law on vehicle in force at that time, such vehicles shall be deemed valid under the Ministerial Regulation issued under section 71.

Section 166. The transport operation licensee, transport management

licensee, and the owner of vehicle licensed under the Transport Act, B.E. 2497 as amended by the Transport Act (No. 3), B.E. 2518 shall adapt to the provisions of this Act within one hundred and eighty days from the date this Act comes into force.

Section 167. The vehicle which has already paid tax under the law on

vehicle before the date this Act comes into force and still is not due to pay tax another time shall be exempted from paying tax under this Act until the tax already paid has become due to be paid again.

The Director-General has the power to determine that the vehicle under paragraph one, which shall pay tax under this Act for the first time, may pay it by installments.



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Section 168. Any application for license filed under the Transport Act,

B.E. 2497 as amended by the Transport Act (No. 3), B.E. 2518 and still pending under consideration shall be deemed an application filed under this Act mutatis mutandis; provided that if the application contain any statement different from the application under this Act, the Registrar has the power to rectify the application for compliance with this Act.

Section 169. In the absence of the Provincial Transport Officer in the

locality of any Changwat, the power and duties of the Provincial Transport Officer shall be the power and duties of the Central Registrar.

Countersigned by S. Hotragitya

Deputy Prime Minister


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Table of Rate of Annual Vehicle Tax under Section 8538 (1) The vehicles for use in fixed route transport, non-fixed route transport, transport by small vehicles, and private transport shall be subject to annual tax payment, as follows: Vehicles weight in Kilograms

vehicles for use in fixed route transport

vehicles for use in non-fixed route transport

vehicles for use in transport by small vehicles

vehicles for use in private transport

Not more 500 kg.

300 Baht 450 Baht 300 Baht 150 Baht

From 501-750 kg.


From 751-1,000 kg.


From 1,001-1,250 kg.


From 1,251-1,500 kg.

700 Baht 1,050 Baht 700 Baht 1,000 Baht

From 1,501-1,750 kg.

900 Baht 1,350 Baht 900 Baht 1,300 Baht

From 1,751-2,000 kg.

1,100 Baht 1,650 Baht 1,100 Baht 1,600 Baht

From 2,001-2,500 kg.

1,300 Baht 1,950 Baht 1,300 Baht 1,900 Baht

From 2,501- 1,500 Baht 2,250 Baht 1,500 Baht 2,200 Baht

38 Table of Rate of Annual Vehicle Tax under section 85 is amended by the Land

Transport Act (No. 11), B.E. 2550 (2007).


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3,000 kg. From 3,001-3,500 kg.

1,700 Baht 2,550 Baht 2,400 Baht

From 3,501-4,000 kg.

1,900 Baht 2,850 Baht 2,600 Baht

From 4,001-4,500 kg.

2,100 Baht 3,150 Baht 2,800 Baht

From 4,501-5,000 kg.

2,300 Baht 3,450 Baht 3,000 Baht

From 5,001-6,000 kg.

2,500 Baht 3,750 Baht 3,200 Baht

From 6,001-7,000 kg.

2,700 Baht 4,050 Baht 3,400 Baht

From 7,500 kg. upward

2,900 Baht 4,350 Baht 3,600 Baht

(2) The vehicle under (1) using electrical energy or renewable energy, ecological conservation energy, or economical energy prescribed in the Ministerial Regulation shall pay annual tax at half the rate prescribed under (1). (3) The vehicle under (1) fuelled by natural gas, which is a hydrocarbon compound mainly composing of methane, shall pay annual tax at the following rate: (a) the vehicle having fuel system using solely natural gas, shall pay annual tax at half the rate prescribed under (1); (b) the vehicle having combination fuel system of such natural gas and petroleum shall pay annual tax at three quarters of the rate prescribed under (1).


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Rate of fees _____

(1) A license to operate a fixed route transport 15,000 Baht each. (2) A license to operate non-fixed route transport 4,000 Baht each. (3) A license to operate transport by a small vehicle 1,500 Baht each. (4) A license to operate private transport 1,500 Baht each. (5) A license to operate international transport (a) one year round 5,000 Baht each; (b) temporary 500 Baht each. (6) A license to operate transport management 5,000 Baht each. (7) A license to establish and operate a transport station 100,000 Baht each. (8) A driving license and a license for inspector 200 Baht each. (9) A license for conductor and a license for service provider 100 Baht each. (10) A license to establish a vehicle condition examination center 20,000 Baht each. (11) A substitute of license 500 Baht each. (12) Transfer of license 200 Baht each time. (13) A vehicle registration plate and sign 100 Baht each. (14) An application for license to operate fixed route transport 100 Baht each. (15) Other application 20 Baht each. (16) A renewal of license each time equal to the fee for each kind of license.


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Glossary

- กรมการขนส่งทางบก Department of Land Transport - อธิบดีกรมการขนส่งทางบก Director-General of the Department of Land

Transport - การขนส่งประจ าทาง Fixed route transport - ผู้ประกอบการขนส่งประจ าทาง Fixed route transport operator - การขนส่งไม่ประจ าทาง Non-fixed route transport - ใบอนุญาตประกอบการขนส่งประจ าทาง License to operate fixed route transport; - ใบอนุญาตประกอบการขนส่งไม่ประจ าทาง License to operate non-fixed route transport; - ใบอนุญาตประกอบการขนส่งโดยรถขนาดเล็ก License to operate transport by a small vehicle; - ใบอนุญาตประกอบการขนส่งส่วนบุคคล License to operate private transport. - ผู้ได้รับใบอนุญาตประกอบการขนส่งประจ าทาง Fixed route transport operation licensee - ผู้ได้รับใบอนุญาตประกอบการขนส่งไม่ประจ าทาง Non-fixed route transport operation licensee - ผู้ได้รับใบอนุญาตประกอบการขนส่งส่วนบุคคล Private transport operation licensee - ผู้ได้รับใบอนุญาตประกอบการขนส่งโดยรถขนาดเล็ก The holder of the license to operate transport by a small vehicle - ผู้ได้รับใบอนุญาตจัดตั้งสถานตรวจสภาพรถ The holder of the license to establish a vehicle condition examination center - พนักงานตรวจสภาพรถ Vehicle Condition Examining Officer - การขนส่งทางบก Land Transport - รถ Vehicle - ยานพาหนะ Conveyance - ผู้ตรวจการ Inspector (มาตรา 4 (2)) - นายตรวจ inspector (มาตรา 92 (3)) - พนักงานตรวจสภาพ Vehicle condition examining officer - คณะกรรมการนโยบายการขนส่งทางบก Land Transport Policy Commission


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- คณะกรรมการควบคุมการขนส่งทางบกกลาง The Central Land Transport Control Board - คณะกรรมการควบคุมการขนส่งทางบกประจ าจังหวัด The Provincial Land Transport

Control Board - แผ่นป้ายเลขทะเบียนรถ vehicle registration plate - หนังสือแสดงการจดทะเบียนรถ vehicle registration certificate - ผู้ได้รับใบอนุญาตปฎิบัติหน้าที่เป็นผู้ประจ ารถ licensee to perform the duty of vehicle

personnel - ผู้ได้รับใบอนุญาตปฎิบัติหน้าที่เป็นผู้ขับรถ driving licensee

Land Transport Act,

Documents

Transcript of Land Transport Act,