Thailand Law Library

by Thailand Lawyer

Chapter 3: Conveyance

The owner or person in charge of a conveyance must bring the conveyance into or out of the Kingdom thought the proper route, immigration check point, port boundaries station, or area, and time, which the minister shall publish in the Government Gazette.

The competent official shall have power to check conveyances entering into or leaving the Kingdom; or to check conveyances where there is reason to suspect that passengers are being taken in or out of the Kingdom; except in the case that such conveyance is being used for the official activities of the Government of Thailand or of a Foreign Country for which permission is granted by Government of Thailand.

When any conveyance enters onto or leaves the Kingdom, the owner or person in charge of said conveyance must report the date and time of arrival or departure of the conveyance at the port, station, or area in accordance with the pattern outlined in the Ministerial Regulation to the competent official at the office of Immigration controlling said port, station or area within the specified time as published by the competent official.

In the instance that the provision of paragraph 1. cannot be carried out, the owner or person in charge of the conveyance shall, in person, as soon as possible, report to the competent official at the nearest Immigration Office.

In making a report of the arrival or departure of conveyances under the provision of this Section, the Minister, if he deems it proper, may exempt any conveyance, or place it under new stipulations.

The owner or person in charge of any conveyance entering into or leaving the Kingdom must submit a list ( passenger and crew ) in accordance with the pattern prescribed in the Ministerial Regulations and must be inspected by the competent official at the place and under conditions published by the Director General.

In the instance that an inspection must be conducted at any other place, which is other than the place published by the Director General under paragraph of this Section, such inspection must be approved by the Director General or a competent official deputized by the Director General.

For the purpose of inspection, the owner or person in charge of any conveyance into or leaving the Kingdom shall be required to do as follows:

1. Prevent passengers or crew from leaving the conveyance or any quarters arranged with the approval of the competent official without the permission of the competent official, except in the instance that the person in charge and crew of the conveyance are the same person, such a person is allowed to leave the conveyance in the status of the person in charge for her purpose of notifying the competent official as outlined under Section 25.

   If the passengers or crew of said conveyance fail to comply with or otherwise cause a disturbance to, the provisions of Section 29 paragraph 2 shall be applied mutatis mutandis. The expense of talking action under the provisions of this paragraph shall be charged to the account of the owner or person in charged of the conveyance.

2. Submit to the competent official a list of passengers and crew, including the person in charge of the conveyance according to the pattern as prescribed by the Ministerial Regulations and within the period of time fixed by the Director General or a competent official.
3. Cooperate fully with the competent official in following the provisions of this Act.

The provisions of this Section shall apply to the owner or person in change of the conveyance from or to the border, and conveying passengers into the kingdom or talking passenger to the border for the purpose of leaving the Kingdom. This applies to passenger entering into or leaving the Kingdom only.

While in the Kingdom. If there is an increase or production in the number of crew members or a charge in crew members of the conveyance or if any crew of the conveyances shall not leave the Kingdom, the owner of the conveyance, or the person in charge of the conveyance in the instance where there is no conveyance owner in the Kingdom, shall notify the competent official in accordance with the pattern as prescribed in the Ministerial Regulations.

In the instance where the crew of the conveyance shall not leave the Kingdom as stated in the paragraph 1., and the crew of the conveyance are aliens, the owner or person in charge of the conveyance, as the case may be, shall take such person(s) and tern them over to the competent official as soon as possible.

If the said crew of the conveyance resists the owner or person in charge of conveyance in the course of complying with the provisions of paragraph 2., the provision of Section 29 paragraph 2. shall be applied mutatis mutandis. The expense for carrying out this paragraph shall be charged to the account of the owner or person in charge of the conveyance.

When the competent official discovers any illegal alien or has reason to suspect any alien of being illegal for entering into the Kingdom, the competent official shall have authority to order the owner or person in charge to the conveyance to detain said alien in the conveyance or to send said alien to any place for the purpose of interrogation by the competent official or else deporting said alien.

In the instance that said alien resists, or cause a disturbance, the owner or person in charge of the conveyance of his agent may ask the local administrative or police officials to detain or arrest said alien. If assistance from such official cannot be immediately rendered, the owner of person in charge of the conveyance shall have authority to arrest said alien over to local administrative or police officials, who shall without delay, turn said alien concerned over to the competent official for the purpose of carrying out this Act.

The expense concerning action taken under this Section shall be charged to the account of the owner or person in charge of the conveyance.

In the instance where there is reason to suspect that a violation of this Act has taken place, the competent official shall have the authority to order the owner or person in charge of conveyance to stop the conveyance or to take the conveyance to any place necessary for inspection.

The order under paragraph 1 maybe carried out by giving a signal by any other means which is understandable.

During the time any conveyance enters into the Kingdom, beginning from the time said conveyance comes through the Kingdom until the competent official will complete his inspection, no person, who is not an official, shall be permitted to board said conveyance or to bring another conveyance alongside or to enter the area or place arranged for inspection, except as authorized by the competent official.

The owner or person in charge of the conveyance shall not ignore or allow any one to do so in accordance with paragraph 1.

In the instance of a conveyance which is leaving the kingdom but during or after the time of inspection by the competent official, said conveyance is still within the Kingdom. No person except the competent official shall be allowed to board said conveyance or bring another conveyance alongside the conveyance in question, unless authorized by the competent official.

The provisions of paragraph 1 shall be applied to the area or place which is arranged for the purpose of inspection during the time when the person who is to leave the Kingdom has not yet boarded the conveyance.

The owner or person in charge of the conveyance shall not ignore these requirements or allow anyone else to act under this Section.

In the instance that a competent official has to conduct an inspection of the conveyance during non-duty hours; or at any other place besides the one published by the Director General under Section 26 paragraph 1 : or to go outside his office in order to detain such conveyance; or has to wait to conduct an inspection of the conveyance without it being the fault of the competent official, the owner or person in charge of the conveyance shall have to pay a fee for such services and other expenses as prescribed in the Ministerial Regulations.