Guidelines for Traffic Officers and Investigators According to the Central Administrative Court’s Verdict, Red Case No. 1855/2563

Abstract

The actions of traffic officers and inquiry officers in accordance with the judgment of the Central Administrative Court regarding the revocation of traffic ticket forms and the fine rate schedule set by the Royal Thai Police on the grounds of being unlawful   must be carried out appropriately. While the appeal to the Supreme Administrative Court is underway, traffic officers, inquiry officers, and members of the public directly affected must take steps to ensure accuracy, appropriateness, and efficiency in the provision of public services. The objectives of this study are to: 1. examine the main points of the Central Administrative Court's ruling in Red Case No. 1855/2020; 2. assess how the ruling affects the way traffic cops and investigators perform when issuing tickets and imposing fines; and 3. identify suitable procedures for these professionals. Using a conceptual framework that covers the law, practice, and impact on the public regarding the revocation of the Royal Thai Police's ticket forms and fine rate lists, this research focuses on analyzing the practices of traffic officers and investigators following the Central Administrative Court's ruling, Red Case No. 1855/2020, while the case is still pending and following the Supreme Administrative Court's ruling. The results found that 1) Judgment of the Administrative Court of First Instance The Administrative Court of First Instance ruled that the Royal Thai Police's announcement regarding the format of traffic tickets, dated July 20, 2020, and the announcement on the prescribed fine rates for offenses under the Land Traffic Act B.E. 2522 (1979), were unlawful. The court ordered the revocation of both disputed announcements retroactively to their issuance dates. However, the Supreme Administrative Court amended the lower court’s ruling to revoke only the Royal Thai Police’s announcement on the format of traffic tickets dated July 20, 2020, and the announcement on the prescribed fine rates for offenses under the Land Traffic Act B.E. 2522 and other vehicle-related or road-use offenses punishable by fines only, dated March 23, 2023. This revocation shall take effect 180 days after the date of the Supreme Administrative Court’s judgment. 2) Impacts on the Public and the Justice System,  Members of the public who receive traffic tickets may be unaware of their rights to dispute the allegations, which could result in disadvantages in legal proceedings. If the Supreme Administrative Court upholds the judgment of the Central Administrative Court, the Royal Thai Police may be required to refund fines that have already been collected.     3) Appropriate Guidelines for Traffic Officers and Inquiry Officers, While the case remains pending final judgment, and after the Supreme Administrative Court has rendered its decision, the research findings suggest that appropriate practices for officials include using the previous version of the traffic ticket format prior to the revoked announcements, or adding a statement informing the ticket recipient of their right to contest the allegations. Furthermore, officials should exercise discretion in determining fine amounts instead of applying fixed fine rates, in order to comply with traffic laws and the principles of fairness.