PROBLEM OF LAW AMBIGUITY IN COMPULSORY USE OF A CHILD SAFETY SEAT ACCORDING TO THE ROAD TRAFFIC ACT NO. 13 B.E. 2022

Abstract

This research consists of the main objectives 1) To study the principles, concepts, and theories regarding passenger safety and to study Thai laws and international laws regarding the safety of child passengers; especially, to study the law regarding child passenger seats in the personal cars. 2) To analyze principles, concepts, theories with a comparative analysis of Thai and foreign laws, and summarize and recommend the method to amend the laws regarding child passenger seats to be more effective. The study was conducted from various literature such as books, academic articles, theses, research on domestic and foreign laws such as Traffic Regulations No. 1998:1276 of the Kingdom of Sweden, Road Traffic Act Chapter 276 of Singapore, and the Republic Act No. 11229 of the Republic of the Philippines, etc. The results of the research found that 1) The international child safety seat laws is primarily determined by the physical condition of the child, which is different from the Thai law that determines the law by the condition of the child's age. 2) The driver must provide a safety seat for the child while traveling in the car, which cannot be substituted by any others, except the child has health problems. This is different from Thai law that allows for the use of safety precautions in the event of an accident instead of using safety seats or special seats for children. The recommendations gathered from the study were made to amend, add, and repeal certain parts of the Road Traffic Act. and the announcement of the Royal Thai Police regarding the designation of child safety seats. Special seats for children to protect any danger in the event of an accident, 2023, which will make the law clearer and to be effective enough to be used as a regulatory to truly reduce the severity of accidents that may occur to child passengers, meeting the objectives of the enactment of the law.