The document summarizes road safety legislation efforts in Thailand. It discusses (1) the high road accident and fatality rates in Thailand, particularly among motorcyclists, (2) existing gaps in Thailand's road safety legislation regarding issues like speed limits and child restraints, (3) the Legal Development Program's objectives to advocate for evidence-based road safety laws, and (4) examples of the program's advocacy activities and some progress made in improving Thailand's road safety laws.
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Improving Road Safety Legislation in Thailand Through the Legal Development Program
1. IMPROVING ROAD SAFETY
LEGISLATION IN THAILAND
Legal Development Program (LDP)
2015-2016
BY LDP members Thailand
Geneva, Switzerland – 13 October, 2016
BLOOMBERG INITIATIVE FOR GLOBAL ROAD SAFETY
2. 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
3
4. 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
5. 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
6. 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
7. OBJECTIVES: LEGAL DEVELOPMENT PROGRAM
Enhance
knowledge and
skills
Promote active
participation in
relevant working
groups and
committees
Advocate for
evidence-based
laws
12. 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
16. 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 July
Meeting 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
17. ROAD SAFETY LEGISLATION PROGRESS
Issue Legislation Legislative Improvements Made
Speed limit 1. Road Traffic Act
2. Highway Act
3. 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 Act
2. 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 Act
2. 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 Act
2. Land Transport Act
3. Car Act
4. 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.
22. 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)
04/12/59 22LDP Thailand country paper
23. STATISTIC OF 2-3 WHEELER’S ACCIDENT
04/12/59 LDP Thailand country paper 23
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
-MotorTricycletaxi
(TukTuk)
259 294 285 224 241
24. 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.
04/12/59 LDP Thailand country paper 24
25. FATALITIES AND CASUALTIES
Table 1.3 :Traffic accidents: fatalities and casualties, 2011-2015,
04/12/59 LDP Thailand country paper 25
Victim 2011 2012 2013 2014 2015
fatalities 9,552 9,007 7,944 6,338 6,268
seriousinjured 4,138 3,954 3,666 2,813 2,519
Slightlyinjured 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.
26. 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)
04/12/59 LDP Thailand country paper 26
27. RATE OF HELMET WEARING
04/12/59 LDP Thailand country paper 27
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.
28. SEVERE INJURY
From the total number of 79,416 road accidents in Thailand 2010.
Table 1.5: Severe injuriesd by transport accident, 2012
04/12/59 LDP Thailand country paper 28
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)
29. CASUALTIES AND INJURIES FROM MOTORCYCLES
Table 1.6: Number of casualties and fatalities from motorcycles, 2012
04/12/59 LDP Thailand country paper 29
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.
30. 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.
04/12/59 LDP Thailand country paper 30
31. LAWS
04/12/59 LDP Thailand country paper 31
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)
32. VIOLATION PENALTY
04/12/59 LDP Thailand country paper 32
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)
33. COMPARING TO MALAYSIA AND USA
Note: Thailand 1987; Malaysia 1994; and United States 1995.
04/12/59 LDP Thailand country paper 33
Table 3.1 - Proportion of Road Users Killed in Various Modes of Transport as a Percent
of All Fatalities
Country Pedestrian
s
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
34. 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.
04/12/59 LDP Thailand country paper 34
36. MODEL OF CAUSES FOR MOTORCYCLE ACCIDENT IN THAILAND
04/12/59 LDP Thailand country paper 36
Motorcycle
accident's
cause
Helmet
wearing
Speed
violation
Traffic sign
violation
Specification
unsuitable
37. 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.
04/12/59 LDP Thailand country paper 37
38. RISKY DESIGN OF MOTORCYCLE IN THE REGION
04/12/59 LDP Thailand country paper 38
39. 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.
04/12/59 LDP Thailand country paper 39
40. 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.
04/12/59 LDP Thailand country paper 40
42. THANK YOU
For more information:
Visit www.ldpthailand.org
Find us on Facebook
Contact:
Ms.Oratai Junsuwanaruk
Thailand Country Manager
AIP Foundation
oratai.j@aipf-thailand.org
Tel: (66) 81 454 90 54
Editor's Notes
-Every six seconds, someone is killed or seriously injured on the world’s roads
-The young and poor are disproportionately affected: Low- and middle-income countries account for 90% of fatalities but only have about 1/2 of the world’s vehicles, Road crash injuries are the leading cause of death for those of 10 years old (Source: FIA Foundation, Breaking the Deadlock, 2016)
-Half of those dying are vulnerable road users, which includes pedestrians, cyclists, and two-wheeler drivers and passengers
-Each year, 1.25 million people die due to road traffic crashes and 50 million more are injured on the world’s roads.
-One child dies every four minutes from road crashes.
Sources: 1. FIA Foundation. Road Safety. London, United Kingdom, 2014. http://www.fiafoundation.org/our-work/road-safety. 2. World Health Organization. Global Status Report on Road Safety 2015. Geneva: World Health Organization, 2015. http://www.who.int/violence_injury_prevention/road_safety_status/2015/en/ 3. 186,300 children die as a result of road crashes each year - that's 500 per day and one every four minutes.
Ten Strategies for Keeping Children Safe on the Road. World Health Organization, April 2015. http://www.who.int/roadsafety/week/2015/Ten_Strategies_For_Keeping_Children_Safe_on_the_Road.pdf?ua=1.
Road crashes in Southeast Asia are a serious issue.
The region has 17 road crash fatalities per 100,000 people – more than 5x the rate in Switzerland
Head and neck trauma are the main causes of death and injury
The region accounts for 25% of global road crash deaths
Motorized 2- and 3-wheelers account for 34% of road user deaths
1. World Health Organization. Global Status Report on Road Safety 2015. Geneva: World Health Organization, 2015. http://www.who.int/violence_injury_prevention/road_safety_status/2015/en/
2. World Health Organization. Road Safety in the South-East Asia Region 2015. Geneva: World Health Organization, 2015. http://www.who.int/violence_injury_prevention/road_safety_status/2015/Road_Safety_SEAR_4_for_web.pdf?ua=1
-Thailand has legislative gaps in all risk factors except helmets
-In 2015, AIP Foundation, in collaboration with the World Health Organization (WHO) as part of the Bloomberg Initiative for Global Road Safety, established the Legal Development Program (LDP) in Thailand.
-The program builds capacity of road safety champions who can effectively contribute to improving road safety legislation in Thailand. Now in its second year, the program currently has 14 members and an advisory committee who are actively advocating for better road safety laws and enforcement.
-Knowledge and skills: Improve the knowledge and skills of a selected group of legal professionals and advocates committed to actively working to improve national road safety laws and regulations.
-Actively working and participating in relevant working groups and committees: Promote the capacity of members to participate in relevant working groups and committees, and contribute to improving road safety legislation in Thailand.
-Advocate for evidence-based laws: Strengthen members’ capacities to advocate for road safety legislation improvements on media platforms.
These three objectives will hopefully lead to road safety legislation improvement in Thailand.
-AIP Foundation and WHO worked together to select, recruit, and review members, with an emphasis on those with legal or law enforcement backgrounds based on set criteria
-Ms. Ratanawadee H. Winther attended the 2nd Global High Level Conference on Road Safety in Brasilia, Brazil on 18-19 November 2015
-LDP members participated in the 12th Thailand Road Safety Seminar December 14th-15th, 2015 at BITEC, Bangkok
AIP Foundation held an academic forum, Urban speed control: A way forward to reduce road fatalities, on 28 April 2016
-Is now finally the time to improve urban speed laws In Thailand? Let's hear it from two of our LDP members, Voice TV reporter Chayakorn Kumchoke and Royal Police Cadet Academ professor Pol Maj Gen Pongson Kongtreekaew. http://news.voicetv.co.th/thailand/387063.html
-The problem of road accidents in the country is an issue that all parties and all authorities should give serious attention. How should Thailand drive a decade of peace has been achieved, as it has done with the ratified international. Find this answers with Ms. Ratanawadee H. Winthermembers our LDP member in Thailand Today 2016 https://www.youtube.com/watch?v=_T9KN1V4Hm8
On May 6, 2016, the first ‘Embassy Friends of Road Safety’ meeting was held at the British Embassy.
On May 11,2016, two LDP members, Khun Ratanawadee H.Winther and Pol. Col. Kriangdej Juntrawong, joined the press conference held by the National Reform Committee for Social Affairs - Road Safety Initiatives at the Parliament.
On 3 May 2016, the 2nd meeting to discuss amendments to road traffic laws was held and attended by participants from the Department of Disaster Prevention and Mitigation, Royal Thai Police, Department of Highways, Department of Land Transport, World Health Organization Thailand, AIP Foundation, Don’t Drive Drink Foundation, Road Safety Group Thailand, TDRI and Naresuan University.
At the meeting, participants identified relevant gaps and loopholes and discussed ways to improve road safety laws in four areas: 1. speed limits in urban areas and law enforcement, 2. alcohol limits for young and new drivers and tougher penalties for drink-driving 3. stricter driver's license requirements, and 4. public transport standards.
On 16 May 2016, the sub-committee on road safety management met at the Department of Disaster Prevention and Mitigation to discuss four possible changes to Thailand's road traffic laws: 1. Set a BAC (Blood Alcohol Concentration) limit at 20mg for young and novice drivers.2. Install speed limit signs and amend existing road traffic laws to better manage speed in urban areas and ensure that they meet international standards. 3. Toughen up requirements to obtain driver’s licence, "Hard to Get, Easy to Loss". And 4. Roll out stricter regulations for public transport to improve safety.
On 19 May 2016, Road safety directing Center meeting, the conclusion has been reached to propose amendments that will address the following: 1. Drink-driving 2. Speeding 3. Driver’s license 4. Public transport and 5. Seatbelt.
The 4th Road Safety Directing Center on 11 July 2016 at 10.00 – 12.00 at Division Integrated Road Safety, Department of Disaster Prevention and Relief of Disaster aimed to follow progress of the improvement the legal of Road Safety Directing Center - Gen. Anupong Paochinda (Minister of the Interior) asked for the progress of improvement the legal and commanded the related agencies as follow
(1) share information on progress in improving the legislation of each agency has been informed. (2) Meeting to prepare a presentation on the road safety policy committee meeting. (3) Emphasis on speed control zoning and effective action is substantial. And (4) Links recidivism with the registration database.
The Meeting to prepare a detailed the legislation laws which related to road safety on 21 July 2016 at 01.30 PM at Division Integrated Road Safety, Department of Disaster Prevention and Relief of Disaster aimed to brainstormed and prepared the legislated law before the Road safety policy committee meeting by DDPM, National police, Ministry of Transport, Ministry of Public Health, Ministry of the Interior, Council of State and Local authorities.
The key outcomes of the meeting was : The relevant authorities were informed and prepared amendments to improve the legislation.
Policy Committee to prevent and reduce road accidents National meeting 1/2559 on 31 August 2016 at 10.00 – 12.00 at Division Integrated Road Safety, Department of Disaster Prevention and Relief of Disaster by the Deputy Prime Minister Gen. Prawit Wongsuwan (Security forces and Conference Chairman) focused on the creating awareness on road safety, coupled with strict enforcement. To reduce the loss of property and public parking to a minimum.
The key outcomes of the meeting was : The policy board agreed the amendments to five laws issues.