No special law needed to buckle up

No special law needed to buckle up

The latest move by the government to get tough with traffic law violators is laudable. But invoking Section 44 for this purpose seems more laughable than praiseworthy to me.

This is especially true for the order requiring motorists to fasten their seat belts. I still see no reason why Prime Minister Prayut Chan-o-cha thinks he needs to invoke such a special law as it will only make the current situation more complicated.

As far as I'm aware, a traffic police officer can already penalise any motorist for not fastening their safety belt. The pre-existing regulation, which is quite clear, has been in use long before the National Council for Peace and Order (NCPO) and Section 44, which allows its leader to push through reforms, came into existence in 2014.

I remember being stopped by an eagle-eyed police officer more than 10 years ago -- way before the advent of that draconian S44 -- after he spotted that my front-seat passenger was not belted up.

Ploenpote Atthakor is editorial pages editor, Bangkok Post.

He issued a ticket that required me to pay a 500-baht fine, confiscated my driving licence -- and that was that. No complaints. No negotiations. It was perfectly clear that the law worked without the need for S44.

But now that the special law is being invoked, it's bound to cause many headaches.

First, it lacks details, merely stipulating that car users must fasten their seat belts. There is no mention of the type of vehicle, or which area of the vehicle it pertains to.

For example, for a private car, it is unclear whether the law also applies to back-seat passengers (the previous law already mandates that front-seat passengers use safety belts).

Looking to other countries and regions doesn't help much either as the rules vary so much. In the Netherlands, for instance, back-seat passengers are not required to wear seat belts, while in Germany they are.

A senior Thai transport official said during a press interview yesterday that the order will be applied to all car passengers. But this was just an interview, not a concrete law. I would not be surprised if the same official were to give different information the next time he is asked.

And how does the rule apply to pickup trucks, where there are no belts in the back? Can passengers can no longer get in the back, or must manufacturers now redesign their vehicles?

The dangers of riding in the back of pickups are well-known. Remember the horrible crash involving a van and a pickup truck in Chon Buri that claimed 25 lives over the New Year? More than half of the casualties were aboard the doomed pickup.

We know the government means well in launching the new seat belt order as fatalities from traffic accidents are too high. And Songkran, which falls soon, can be pure carnage.

But we also know that it is reckless motorists and overly lenient law enforcers who are the main culprits.

Or maybe the new order is intended more as a morale boost for Thai traffic cops?

I say this because I've felt so disappointed in the past when listening to the police explain to me why they cannot do their job properly.

Many years ago, I encountered one who was tirelessly plastering tickets on cars that were parked in violation of the law. When I told him that a bigger problem seemed to be those careless motorists who jump the pedestrian light nearby, and that perhaps he should be more present during the day-time in a bid to deter such behaviour, he seemed unimpressed.

"But this pedestrian light is not supposed to be here in the first place," he said, adding: "It obstructs the flow of traffic and causes congestion."

He said there was nothing he could do. I was shocked. Clearly, safety was not his first concern.

Recently, I saw another officer dart to avoid being hit by a car at a zebra crossing in Bangkok. To my amazement, instead of apologising, the driver honked his horn! All the poor officer could do was retreat to the pavement. His uniform was useless.

If this had happened in Europe or the US, the driver may well have had his licence suspended.

But this is Thailand. If a police officer can accept such recklessness, what chance do the rest of us have?

Moreover, seeing officers turn a blind eye to blatant traffic violations is also common.

So will the latest directive using S44 help reduce road fatalities? Maybe not.

I simply hope the authorities stringently enforce the existing laws. Without any compromise.

Ploenpote Atthakor

Former editorial page Editor

Ploenpote Atthakor is former editorial pages editor, Bangkok Post.

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