PROBLEM OF LAW ENFORCEMENT ON SETTING UP CHECKPOINT ON HIGHWAY UNDER THE HIGHWAY ACT B.E. 2535 : STUDY ON LEGAL ACTION AGAINST OVERLOADED VEHICLES

Abstract

          A problematic issue in the Highway     Act B.E. 2535 is questionable whether setting up checkpoint by any police officials can be done or not.  Some groups of people do not understand their actions despite the fact that they perform duties to enforce the    law by arresting driver of overloaded vehicle against the law and other offenders including confiscating property in dispute. In this regard, although the police officials have     a discretion to impound the overloaded vehicle in case of unlawful excessive loading, none of definite statutes on exercise of such discretion is provided.  As a result, actions to ensure justice have delayed and corruption probably has taken place.

        As for the problem of setting up checkpoint on highway, arresting driver of overloaded vehicle and confiscating vehicle used in committing the offense pursuant to the Highway Act B.E. 2535, the study finds that existing contents of the law do not provide appropriate penalty or proportion of offending especially fine penalty being not so severe that deter or make the driver scared.  The study including a comparative study on laws of United States of America, Commonwealth of Australia and Federal Republic of Germany finds these countries’ laws are quite definite and suitable to be a blueprint for further revision of Thai law.

        The study suggests, on the issue of setting up checkpoint on highway by the police officials, adding statement of being neither applied to the police officials in the end of last paragraph of Section 38 of the Highway Act B.E. 2535 in order to be definite provision.  As to a control of vehicle’s loading and weigh, such law’s penalty in case of overloaded vehicle should be revised to be more severe since it causes huge damage to highway and road and frequent road accident.  Lastly, on the issue of confiscation of property in dispute, the Highway Act B.E. 253 should contain a specific and definite provision of confiscation of overloaded vehicle for effectivity of law and protection of public interests.