Legal problems regarding emergency vehicles transporting patients under the Land Traffic Act of 1979: A study of the emergency lane case

Abstract

This Research Article aims to study the legal issues related to emergency patient transport vehicles under the Land Traffic Act B.E. 2522 (1979). It specifically examines the issue of emergency lanes and seeks to propose solutions and additional measures to enhance the efficiency, speed, and safety of emergency patient transport operations. Furthermore, it proposes increasing penalties for those who violate laws related to the operations of such emergency vehicles.The study focuses on four key issues (1) Issues encountered when emergency patient transport vehicles are performing their duties Despite the provisions in Section 76 and the prescribed authority under Section 127 of the Land Traffic Act B.E. 2522, some drivers still fail to yield or obstruct emergency vehicles on the road, which remains a prevalent issue today. (2) Penalties stipulated in the Land Traffic Act B.E. 2522 (amended by the 13th version B.E. 2565): Section 152, in conjunction with Section 21, provides for fines. However, when compared with international standards, Thailand’s penalties are significantly lower. (3) Definition issues of the term “emergency vehicle”: According to Section 4 of the Land Traffic Act B.E. 2522, the definition is interpreted as referring solely to government vehicles. It does not clearly include private-sector emergency vehicles. (4) Issues related to the term “emergency vehicle lane”: As defined in the Royal Gazette regulation concerning traffic officer rules in the Bangkok Metropolitan Area for organizing lanes for emergency vehicles B.E. 2559 (2016), this is currently limited only to Bangkok. Additionally, drivers are required to wait until they see or hear sirens before yielding, which delays the response.

Study results Based on these four findings, this thesis proposes the following amendments to the Land Traffic Act B.E. 2522 Increase the penalty fines under Sections 148 and 152, and require offenders to undergo driver training Add new legal provisions regarding “emergency vehicle lanes” to ensure nationwide applicability Develop emergency lanes in a way that does not depend on the immediate presence or siren of an emergency vehicle within designated emergency lane zones.