Chulalongkorn University Theses and Dissertations (Chula ETD)

Year (A.D.)

2023

Document Type

Independent Study

First Advisor

SURATCHADA REEKIE

Faculty/College

Faculty of Law (คณะนิติศาสตร์)

Degree Name

Master of Laws

Degree Level

Master's Degree

Degree Discipline

Business Law

DOI

10.58837/CHULA.IS.2023.169

Abstract

In Thailand, car accidents are the second leading cause of death among children. According to the Child Safety Promotion and Injury Prevention Research Center (CSIP), in 2019, automobile accidents killed approximately 2500 children aged 1 to 14 years old per year, or 250 children each month on average. Most of the children who died in auto accidents were not wearing seat belts at the time of the crash.Generally, essential safety devices in the car are seatbelts and airbags, which will protect the passengers from fatal injuries when the car crashes. Unfortunately, seatbelt only grants the appropriate protection for adult passengers but not for children who require additional protection such as Child Safety Seat law. Recently, section 123 of the the Road Traffic Act of Thailand B.E. 2565 (2022) specified the rule that whenever children under 6 years of age are traveling in a personal car, the person in the car must install a child safety seat for them, or if the passengers are the children whose height is below 135 centimeters, they must wear the seatbelt while they are traveling with the car. There is a gap in which the legislation needs to mention the vehicle categories to which this law should apply for the safety seat. Some types of vehicles do not have the anchorage point for installing the child booster. Moreover, there is unequal treatment of the law because the law applies the use of the seat belt differently in different types of school buses. It can be seen that there remains a lack in the appropriate measures to prevent severe injuries to children from car accidents because it seems dangerous and does not have mandatory rules on the school bus or even public transportation.This research will discuss the legal problems that arise from the need for appropriate measures for child safety relating to the Road Traffic Act of Thailand B.E. 2565 (2022). This research proposes that the Act needs to specify the legal provision more clearly to serve the social needs as a protection for children traveling by road to avoid and mitigate the risks of accident injuries.

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