Ldp thailand presentation for geneva worskhop final version

IMPROVING ROAD SAFETY LEGISLATION IN THAILAND

Legal Development Program (LDP) 2015-2016

BY LDP members ThailandGeneva, Switzerland – 13 October, 2016

BLOOMBERG INITIATIVE FOR GLOBAL ROAD SAFETY

CONTENT

1. The Road Safety Crisis

2. Legislation Gap in Thailand

3. Overview: Legal Development Program

4. Objectives: Legal Development Program

5. Activities: Legal Development Program

6. Road Safety Legislation Progress

3

The Global ProblemTHE GLOBAL ROAD CRISIS

Every six seconds, someone is killed or seriously injured on the world’s roads

The young and poor are disproportionately affected

Half of those dying are vulnerable road users

$518 billion is lost annually due to road crashes

THE ROAD CRISIS IN THAILAND

4

Though many stakeholders are working toward improving road safety, very few

experts are advocating for

improved legislation

There are 36.2 deaths per 100,000 people – 2.5x the

global rate

Thailand has the second highest road crash fatality rate

in the world 73% of road crash fatalities are riders

of motorized 2- and 3-wheelers

LEGISLATION GAP IN THAILAND

• National speed law ✔• Speed limit on urban roads ≤ 50 km/h ✗• Local authorities can modify the national speed limit ✗

Speeding

• National drunk driving law ✔• Drunk driving based on BAC or equivalent measure ✔• BAC limit for general ≤ 0.05% ✔• BAC limit for young and novice driver ≤ 0.02% ✗

Drunk driving

• National motorcycle helmet law ✔• Law applies to drivers and adult passengers ✔• Law applies to all road types ✔• Law requires helmet to be properly fastened ✔• Law requires helmet to meet a national or international standard ✔

Motorcycle helmet usage

• National seat belt law ✔• Law applies to front seat passengers ✔• Law applies to rear seat passengers ✗

Seat belt usage

• National child restraint law ✗• Law is based on age, weight, height, or a combination ✗• Law restricts children under a certain age and/or height ✗

Child restraints

OVERVIEW: LEGAL DEVELOPMENT PROGRAM (LDP)

The LDP builds the capacity of its members to

advocate for effective road safety legislation in Thailand

2015: AIP Foundation partnered with the World Health Organization as part of the Bloomberg Initiative for Global Road Safety to establish the LDP

2016: the LDP has 14 members and an advisory committee

OBJECTIVES: LEGAL DEVELOPMENT PROGRAM

Enhance knowledge and skills

Promote active participation in

relevant working groups and committees

Advocate for evidence-based laws

2016 LEGAL DEVELOPMENT PROGRAM PARTICIPANTS

2015 ACTIVITIES

2016 ACTIVITIES

ADVOCATING THROUGH AN ACADEMIC FORUM

ADVOCATING THROUGH THE MEDIA

Media coverage from Voice TV reporter Chayakorn Kumchoke and Pol. Maj. Gen. Pongson Kongtreekaew

Ms. Ratanawadee H. Winther appears on Thailand Today

ADVOCATING THROUGH THE MEDIA

ADVOCATING FOR LEGISLATIVE IMPROVEMENT BASED ON RECOMMENDATIONS MADE ON RELEVANT PLATFORMS

ADVOCATING THROUGH THE DEPARTMENT OF DISASTER PREVENTION AND MITIGATION

19 February: First meeting to to amend road safety improvement

law

3 May:Second meeting to amend road safety improvement

law

16 May:Third sub-committee on road safety management

19 May:Third “Road Safety Directing Center”

11 July:Fourth “Road Safety

Directing Center”

21 JulyMeeting to prepare

revisions to road safety improvement law

31 August:National Road Safety

Policy Committee Meeting

October:Cabinet Meeting – road safety-related agency is

improving the law in five months

ROAD SAFETY LEGISLATION PROGRESS

Issue Legislation Legislative Improvements Made

Speed limit 1. Road Traffic Act2. Highway Act3. Department of

Transport Regulations (suspension or revocation of license)

1) Reduce speed in urban areas and set appropriate speed limits for provincial roads. Worked with the police to determine appropriate speeds and announced the speed control methods.

2) Increase fines for offenses in the Road Traffic Act to 10,000 baht.

Drunk Driving 1. Road Traffic Act2. Alcohol Control Act

1) BAC less than 0.02% required for a novice driver and/or a temporary license holder.

2) Establish measures to deter the issue of drunk driving.3) Increase penalties related to BAC levels.4) Include offenders in a database.

Driver’s licenses 1. Road Traffic Act2. Land Transport Act

1) Intensify driver’s license regulations.2) Suspend and revoke a driver's license to drive a personalized cover.3) Increase the criminal penalties to three months and a 50,000 baht fine.

Public transportation

1. Road Traffic Act2. Land Transport Act3. Car Act4. Consumer Protection

Act

1) Set additional conditions for obtaining a specialized license to establish stronger safety standards for public buses.

2) Improve methods available to protect and provide justice to those affected.

Seat belt usage 1. Road Traffic Act 1) Require seat belts for passengers in the rear seats of a car. The driver is responsible for the rear seat belts.

SITUATION ON 2-3 WHEELERS IN THAILAND

05/02/2023 LDP Thailand country paper 20

2 WHEELER


3 WHEELER


NUMBERS OF 2-3 WHEELERS REGISTERED

Category registered total

- Motorcycle 20,342,403 20,531,896

- Public Motorcycle 189,493

- Motor-tricycle 1,654 21,920

- Motor-tricycle taxi (Tuk Tuk) 20,266

Table 1.1: Numbers of 2-3 wheelers registered in Thailand:

(Source : Department of Land Transport, 2016)


STATISTIC OF 2-3 WHEELER’S ACCIDENT

Table 1.2: Numbers of 2-3 wheelers involved in traffic accidents between 2011-2015,

(Source : Royal Thai Police, 2016)

Category 2011 2012 2013 2014 2015 - Bicycle 418 365 394 387 891

-Tricycle 17 18 19 16 29

- Motorcycle 20,056 20,395 20,426 19,038 26,715 - Motor Tricycle taxi (Tuk Tuk)

259 294 285 224 241


THE HIGHEST

• Motorcycle ranks the highest number in road accident among 2-3 wheelers.

• The average rate of accident per year on motorcycle is at 21,000 accidents

• Bicycle is at 490 accidents per year.


FATALITIES AND CASUALTIES

Table 1.3 :Traffic accidents: fatalities and casualties, 2011-2015,

Victim 2011 2012 2013 2014 2015 fatalities 9,552 9,007 7,944 6,338 6,268 serious injured 4,138 3,954 3,666 2,813 2,519 Slightly injured 17,258 18,656 18,037 17,035 15,641

(Source : Royal Thai Police, 2016)

The average death rate on road accidents in Thailand is 7,800 people per year or 38 people out of 100,000.


CAUSES OF MOTORCYCLE INJURY

The main reasons are: • Speeding• Not wearing helmet. • Carelessness• Lack of knowledge and understanding of road safety• Weak law enforcement• Light penalty (e.g. fine for not wearing helmet

around 400 THB, 11.43 CHF)


RATE OF HELMET WEARING

2010 2011 2012 2013 2014 Rider 53 54 52 51 51 Passenger 19 24 20 19 19 Both 44 46 43 43 42

Table 1.4: Rate of helmet wearing between 2010-2014 (percentage).

(Source : Thai Roads Foundation, 2016)

Average 52.2% for riders, 20.2% for passengers.


SEVERE INJURY

From the total number of 79,416 road accidents in Thailand 2010.

Table 1.5: Severe injuriesd by transport accident, 2012

Vehicle involved Percentage Motorcycle 82.25 Pick-up truck 7.12 Bicycle and tricycle 3.85 Others 6.78

(Source: Injury surveillance report, Ministry of Public Health, 2012)


CASUALTIES AND INJURIES FROM MOTORCYCLES

Table 1.6: Number of casualties and fatalities from motorcycles, 2012

Serious injuries 62,031 Fatalities 3,154 (5.08%) Serious injuries rate of wearing helmet (percentage) Rider 13.84

Passenger 5.56

( Source: Injury surveillance report, Ministry of Public Health, 2012)

From all serious accidents, only 13.84% of drivers wore helmet, and 5.56% passengers did.


LAW ENFORCEMENT

• Despite availability of many types of 2-3 wheelers in Thailand, they are not included in traffic laws - no requirement for registration, driving license, or helmet wearing helmet to non-motorized 2-3 wheeler.


LAWS

Table 2.1: Registration of 2-3 wheelers in Thailand, 1979

Categories of 2-3 wheelers Applicable laws 1. Motorcycle Traffic Act 1979 C.E. 2. Tricycle, Bicycle No. 3. Motor-tricycle Motor Vehicle Act 1979 C.E. 4. Motorcycle Motor Vehicle Act 1979 C.E. 5. Motor-tricycle Motor Vehicle Act 1979 C.E. 6. Motor-Tricycle taxi (Tuk Tuk) Motor Vehicle Act 1979 C.E.

( Source: Traffic Act, 1979 C.E)


VIOLATION PENALTY

Table 2.2 : Rate of penalty in violating traffic laws

Violation Penalty/Fine Rider who does not wear helmet 500 bath (14.06 CHF) Rider who carries a passenger and the passenger does not wear helmet

1,000 bath (28.12 CHF)

Passenger who does not wear helmet

500 bath (14.06 CHF)

Source (: Royal Thai Police, 2016)


COMPARING TO MALAYSIA AND USA

Note: Thailand 1987; Malaysia 1994; and United States 1995.

Table 3.1 - Proportion of Road Users Killed in Various Modes of Transport as a Percent of All Fatalities

Country Pedestrians

Bicyclists Motorized vehicles Others

2-wheeled 4-wheeled

Thailand 47 6 36 12 -

Malaysia 15 6 57 19 3

United States of America

13 2 5 79 1


COMPARING TO INDIA 2016

• India (Wikipedia, 2016) has numerous users of 2-3 wheelers and also high number of traffic accident.

• Global Road Safety Report-2015, an estimated of 207,551 deaths on roads.

• The motorcycles and motor-powered three-wheelers constitute the second largest group of traffic collision deaths.

https://en.wikipedia.org/wiki/Three-wheeler


COMPARE TO SRI LANKA

(Source: Police Headquarters, Colombo, 2006)

Year Fatalities Pedestrians Passengers (bicycle riders)

(motorcycle riders) Drivers Others

1989 1,596 648 417 224 226 77 4 1990 1,795 686 417 265 324 96 7 1991 1,532 542 529 195 181 85 0 1992 1,515 528 485 231 187 84 0 1993 1,421 603 304 222 208 65 19 1994 1,611 586 438 217 220 147 3 1995 1,681 636 366 246 244 177 12 1996 1,755 753 354 153 272 192 31 1997 1,835 662 347 251 244 319 12 1998 2,023 814 367 238 232 294 78 1999 2,059 713 358 307 172 288 221 2000 2,058 827 470 306 237 213 5 2001 2,118 791 431 338 294 261 3 2002 2,160 750 380 317 451 188 74 2003 2,096 747 397 311 281 171 71 2004 2,214 748 381 298 385 194 208 2005 2,304 747 428 326 406 178 221


MODEL OF CAUSES FOR MOTORCYCLE ACCIDENT IN THAILAND

Motorcycle accident's

cause

Helmet wearing

Speed violation

Traffic sign violation

Specification unsuitable


ANALYSIS & RECOMMENDATIONS:

• Motorcycle is the biggest problem in Thailand and neighboring countries in Asia such as Indonesia, Laos, Myanmar, Vietnam, Philippines, India, and Sri Lanka, etc.

• The main problem is not wearing helmet • Note that motorcycle in this region comes in

small size ,high speed power but very small risky tires.


RISKY DESIGN OF MOTORCYCLE IN THE REGION


MAIN PROBLEMS

Law enforcement:• There is a law requiring drives and passenger to wear

helmets.• Traffic police work mostly on traffic management rather

than traffic discipline. • This causes challenges in decreasing number of road

accident. • Presently, it is only 50% of 2-3 wheels users wearing

helmet.


NEXT STEP FOR THAILAND

• Next step for Thailand is to emphasis on law enforcement on motorcycle driver.

• Providing knowledge to people. • Pressure from civic society to bring the

government’s attention to this issue.

THANK YOU

For more information:Visit www.ldpthailand.org

Find us on Facebook

Contact:Ms.Oratai Junsuwanaruk

Thailand Country ManagerAIP Foundation

[email protected] Tel: (66) 81 454 90 54

http://www.ldpthailand.org/

http://www.facebook.com/aipfoundation

mailto:[email protected]

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