Thai court rules traffic fines unlawful since 2020
Thailand’s top court has dropped a legal bombshell, ruling that traffic fines issued by the Royal Thai Police (RTP) since July 2020 were unlawful—potentially affecting millions of motorists.
The Supreme Administrative Court (SAC) yesterday, February 5, partly overturned a ruling by the Central Administrative Court (CAC), which had previously found that two RTP announcements on traffic fines, issued in July 2020 and March 2023, were invalid.
The case was brought forward by Supa Chotngam, who argued that the police had misled motorists into believing they had no right to dispute their tickets.
The court found this practice to be in violation of Section 29 of the constitution, which guarantees that all accused individuals are presumed innocent until proven guilty.
Initially, the CAC ruled that the announcements should be revoked retroactively from July 2020, as they had also unlawfully imposed fixed fine rates, removing police discretion in assessing penalties.
However, in yesterday’s ruling, the SAC adjusted the decision, stating that an immediate annulment could disrupt law enforcement and the public interest, given rising traffic violations.
Instead, the court ruled that the regulations would be officially revoked 180 days after the decision, allowing time for new guidelines to be established.
The ruling now compels the RTP to revise traffic fine regulations, ensuring motorists have the right to challenge tickets while also reinstating police discretion in determining penalties.
For now, drivers should expect to continue receiving tickets but with significant changes on the horizon, a major shake-up of Thailand’s traffic laws is just months away, reported The Nation.
Traffic fines in Thailand are issued by the RTP for violations ranging from minor infractions to serious offences. The fines are governed by the Land Traffic Act and various police regulations, with penalties varying based on the severity of the offence.
Traffic violations in Thailand typically include speeding, running red lights, not wearing a helmet for motorcyclists, and driving under the influence. Common fines include up to 1,000 baht for speeding, 1,000 baht for running a red light, 400 baht for not wearing a helmet, 500 baht for not wearing a seatbelt, 200 to 500 baht for illegal parking, 1,000 baht for using a mobile phone while driving, and up to 20,000 baht for first-time DUI offenders, with higher penalties for repeat violations.
Fines can be paid at police stations, banks, or online via the Traffic Ticket Payment System. Motorists who wish to dispute a fine can file an appeal with the Traffic Police Division or take the case to court.
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