A former judge has questioned the police enforcement of the law against drivers speaking on mobile phones while halted at a red traffic light.
A police officer shows an image of a woman driver caught using a mobile phone while stopped at a traffic light on Aug 4, 2014. (Bangkok Post file photo)
Chuchart Srisaeng, a retired judge of the Supreme Court, said on his personal Facebook page that his reading of the law was that drivers can use their mobile phones when the vehicle is not moving.
He agreed that strict enforcement of traffic law, including prohibiting drivers using mobile phones without a hands-free device, was a good policy to prevent accidents, improve driving discipline and reduce traffic congestion.
The 2008 Traffic Act imposes bans the use of mobile phones for drivers of all kinds of vehicles, including motorcycles. Violators are liable to a fine of 400 to 1,000 baht. Drivers who use hands-free devices are exempt from the ban.
Mr Chuchart said the Traffic Act did not give a definition of the word “drive”, so he looked in a Thai dictionary which explained that the word was about people manoeuvring a vehichle.
Therefore, in his opinion, a mobile phone can be used without violating the traffic law if a car is not moving for any reason -- whether it has broken down, was waiting for someone, waiting for a green light, or while stopped in congested traffic.
On Aug 5, traffic police armed with long-lens cameras targeted drivers using mobile phones at Khlong Tan, Sanghi, Bang Lamphu, Pracha Nukul, Ratchayothin, Asok, Ratchaprasong, Samyan and Sathon-Surasak intersections.
A total of 198 offenders were stopped and fined at those intersections on that day, the first day of the campaign.