A court has ruled in favour of a driver who challenged the refusal of the Department of Land Transport (DLT) to issue a vehicle tax sticker because he had not paid his traffic fines.
The Central Administrative Court on Wednesday ordered the department to issue the sticker to plaintiff Amnat Kaewprasong, who had brought the case against the DLT, its director-general, the Bangkok Land Transport office and the Royal Thai Police.
The lawsuit contended that the case was within the remit of the Administrative Court because it involved neglect of duties by administrative agencies or government officials.
The plaintiff said the department’s registration division did not issue a vehicle tax sticker after receiving his annual tax payment. Mr Amnat only received a stamped tax payment receipt, which stated that it could be used instead of the tax sticker for 30 days.
It also printed out a document showing details of traffic violations for which fines needed to be paid before Mr Amnat could obtain the sticker, which drivers must display on their vehicle windshield to show that taxes have been paid.
The DLT defended its decision, citing an agreement with the police on sharing electronic data to bolster law enforcement, targeting drivers who fail to pay fines by the due date. The agreement stated that vehicle tax renewal could be suspended for motorists who fail to pay fines in time.
The plaintiff argued that the policy was illegal because it denied motorists the opportunity to defend themselves against the fines, which are issued by police without the need for a warrant or court order.
The court ruled that the agreement was negligent and did not comply with the rules and procedures of the Land Traffic Act. Therefore, the department had no authority to delay issuing the tax sticker to Mr Amnat, it said.
It said the refusal to issue the tax sticker violated the complainant’s rights. “Tax payment directly relates to the vehicle, while fine payment concerns the driver. Linking the two is illegitimate and adversely affects the driver,” the ruling stated.
The court ordered the department to issue the sticker within three days, and pay compensation to the plaintiff of 3,151.50 baht, plus interest. The complaints against the other defendants were dismissed.
The Central Administrative Court ruled in October that two announcements issued by the police, which allowed them to issue predetermined fines for traffic violations, are unconstitutional and unlawful.
The ruling, which can still be appealed, potentially renders millions of traffic tickets issued since 2020 invalid.
- Editorial: Ruling a win for motorists