LEGISLATIVE MEASURE FOR OFFENSES OF TRADER ON PUBLIC ROAD

Abstract

          The objectives of this research article were to study was to examine recidivism problem of buying and selling products on public roads in Bangkok by considering trader on public road and pavement, including cooking and selling food on public road. This study was a qualitative research by study legal documents both in Thailand and foreign countries. The study results revealed that 1) Road Traffic Act. B.E. 2522, section 109: No person shall act by any means on the pavement or any path provided by pedestrians in a manner that obstruct others without reasonable cause. The rate of penalties to inflict the offender is too low, so the offenders are not afraid of recidivism. 2) The Cleanliness and Orderliness Act of the Country, B.E. 2535, section 20: No one is allowed to cook, sell, or selling goods on the street or in public placed. Prohibition and penalties under such law, responsible officials often do not comply with the law and let the offense continue. Therefore, 1) The Road Traffic Act, B.E. 2522, section 109, paragraph 2 should be amended. Committing an offense under the first paragraph, if a repeat offense should increase the punishment by half of the rate of punishment received from the previous offense. 2) Amendment of the Act on Maintaining Cleanliness and Orderliness of the Country, B.E. 2535, section 20, paragraph 3, in case of there is an offense in any locality, the competent official in that locality must be guilty. As an official misbehaving or refraining from performing duties shall be punished with imprisonment of one to ten years or a fine from twenty thousand baht to two hundred thousand baht or both.