ปัญหาทางกฎหมายเกี่ยวกับความรับผิดทางอาญาของผู้ให้เช่า หรือผู้ให้ใช้รถสาธารณะ และการกำหนดบทลงโทษของผู้ขับขี่รถสาธารณะที่กระทำความผิดซ้ำตามพระราชบัญญัติจราจรทางบก พ.ศ. 2522

Abstract

         The purpose of the research is to study the importance of legal problems in the enforcement of the Road Traffic Act B.E. 2522, the theoretical concepts of offenses and penalties according to traffic laws, the legal measures on the punishment of repeat offenders of drivers of public transport, and the liability of lessors or lenders of a public vehicles in order to give recommendations for changes to the law governing the criminal liability of lessors or lenders of public vehicles. The research was carried out by the company's owner's group. A total of 5 taxi drivers, cops, lawyers, and service users. They were chosen because they were placed under the Road Traffic Act B.E. 2522. The current traffic law in Thailand is not clear on such cases, despite the fact that more people use public transport to facilitate travelling, yet the public transport accident rate, which is caused by public vehicle drivers violating the traffic law merely because the penalties are not strict enough, has increased. As a result, it is necessary to investigate the significance of legal issues in the implementation of the Road Traffic Act B.E. 2522 and research the theoretical notions of crime and punishment, which is to suspend repeat offences and study the legal measures on the punishment of repeat offenders. Unfortunately, no penalty has been imposed when a public vehicle driver commits a repeat offense, nor has a penalty for repeated offenses and criminal liability of the lessors or lenders of a public vehicles. From the gathered information and facts by studying foreign laws of the Republic of Korea, federation of Malaysia, and the Republic of Singapore, where they imposed penalties on cases for public vehicles’ driver offenders who have committed offenses in violation of the road traffic law e.g. in terms of penalties where drivers of public transport receive a higher fine, or in matters of a score increase or deduction, a heavier penalty is imposed when a public vehicle driver commits an offense. In the event of a repeat offence, the lessor or lender of a public vehicle is liable in the event that the public vehicle driver has committed a violation of the road traffic law. Korea, the Federation of Malaysia, and the Republic of Singapore have imposed penalties that have been provided specifically.