International Press

Yesterday's Bangkok Post (September 27, 2007) includes the weekly Horizons travel section. Included in it are a lot of promotional reportage's about either boring places or places where no one has ever (wanted ?) to venture. That aside there is the excellent Traveller's Tales, the weekly column by Don Ross who tries to expose Thai travel rip-offs as well as those perpetrated by airlines.


This week, Don is fixing his sights on Cambodia's national highways 5 and 6, arguably some of the worst stretches of road you'll encounter, while sticking to national highways in South East Asia. Crossing Cambodia has reported on this section of highway previously, on May 26, March 19, January 18 of this year as well as November 10, 2006. And the Tales of Asia site maintains up to date information on this stretch, so clearly something must be happening on this stretch of road.



Well, that's what's the problem, nothing seems to be happening. Despite this being the preferred and shortest route between Bangkok and Cambodia's number 1 attraction Angkor Wat. With the policies in place to attract tourists to Cambodia, one would suspect that upgrading this section of the national highway grid would be high on the agenda. PM Hun Sen, while using a short stretch of the highway on his way to inspect Cambodia's number 1 golf course, complained that it almost broke his back! That from someone who is used to breaking backs! Anyway he did not come with any immediate solutions, that's Cambodia's politics for you.

Well, Don does not come with any new revelations, simply because there are none. He does mention:

' ... drivers prepared to tackle the bone-jarring road.'

' ... you will ultimately end up in Siem Reap dreaming of a hot bath to wash off the layers of persistent red dust.'

' ... a hotchpotch of potholed and seriously damaged roads.'

'Highways five and six are literally falling apart.'

He then goes on to try to establish (an unproven?) link why airlines are interested in the non-improvement of these roads. Surprisingly in this, is that he does mention these interests and not discuss Bangkok Airways at the same time. Bangkok Airways, which has a monopoly on flights between Siem Reap and Bangkok.


All in all an interesting read, if not complete. And a way to plug a cycling holiday in South-East Asia!

Chasing Cars, 29 September, 2007

• This week Burma is never far away. The played indignation of western nations, which have tolerated for too long an autocratic regime. But now the USA is coming down hard on the regime. Ms. Rice insists Burma give a visa to the UN special rapporteur! Hardly a threat, I would think. The Burma regime will have no rights to a visa for the US, as of now. 'Naughty boys all of you!' Anyway Cambodia's northern neighbour Laos has no such qualms, according to this link:

  'Than Shwe's family is on a visit to Laos, the source added'.

  They just flew there. One thing for sure, they're not there for the shopping!



• Talking about shopping, China (the only 'true' friend of Burma) has saved Cambodia another shopping sortie. For motorbikes. An everyday.com.kh translated article reports that Cambodia is in line to receive 104 motorcycles. Yippee!

  'The Chinese ambassador stressed that, in the future, if Cambodia has other needs, China will provide them further'.

  Just in case Cambodia goes the Burma way, it's a great reassurance.
  
  The motorbikes will be called upon by the traffic police, to help them beat out the midday sun? Have you not noticed how traffic police in Phnom Penh have problems standing upright, they are always propping themselves up with assistance of a motorcycle.
  Anyway thanks China, how about doing something about the printing of receipts for traffic fines, they still have not surfaced?


• 
  
  
  Fellow blogger Cambodia maps has problems on his shopping sprees, the traffic on 174th-51st is apparently 'interesting'



• Some shoppers are better off, though two Indonesians [?] are now less fortunate. They are the 'puncture car thieves': car goes to bank, draws from expenses account (> 10,000 $US), returns, tries to leave, bummer! Flat tyre! While inspecting, thieves access car and take off with cash, Robin Hood style. Unfortunately, only
  

  'only two of them were caught on Mao Tse Tung Blvd'.

  There were four. So next time you intend to draw a couple of grand from your local bank, beware!



• More awareness required, but now for those unfortunate Lao. As if playing servant for their poor Burmese refugees (see above) is not enough, Lao authorities are drawing up a plan to ban tuk-tuks and jumbo's (a form of tuk-tuk, but with a larger motor, also known as a Skylab). Their offence?

  'Authorities see that these vehicles to some extent cause road accidents in the city, resulting in several deaths and injuries every month'.

  The Laoi authorities seek higher standards apparently:

  'We can all see that these vehicles are in poor condition. Some of them don't even have indicators, or front and back lights, ... '
  

  An expat quips the end is near, well sort of:
  

  'Tuk-tuks provide a form of service for which there is no substitute; it is one of the reasons I enjoy life in Laos, ...'
  

  How come in Cambodia the above practices are commonplace but authorities do not give a hoot?



• From The Mirror a couple of older articles: Survival Priorities for Road Traffic. An editorial. On the (lack of?) of implemention of the new traffic law. It also provides the author with the opportunity to mention:

  'I use a motorcycle-taxi – a “moto” - every day on Street 51. The moto driver and I were almost killed, when a big dark Landcruiser without license plates, but with a driver in uniform, almost knocked us over, high speed, disregarding the STOP sign on a road crossing Street 51 from where he came'.

  A daily occurence. He then adds:

  'Road traffic in Phnom Penh is chaotic. And dangerous'.

  He (or is it a she?) then comes with the same suggestions placed elders on this site.
  Then from a couple days prior to this:
  

  'In Three Days, 9 People Died and 17 Were Injured in Traffic Accidents in Phnom Penh'

  Again it refers to the new traffic law. And the author's observations:

  ' ... and what I have observed myself:

  1. New luxury cars without license plates - if they create an accident and they speed away, nobody can identify them – pass regularly in front of the traffic police without being intercepted, while several police talk down on people – judging from their clothes probably people from the countryside or young women – who came on small motorbikes.
  2. Government vehicles are supposed to be used for official duty; will traffic police be able to stop and report a big Landcruiser with a military number plate on a weekend, in which half a dozen beautifully dressed young ladies are being transported somewhere?'

  Gone shopping probably.

  'Nowadays, police may be afraid to report a “powerful vehicle” belonging to a “powerful institution.” Without a change in this power game, it is difficult to see how the necessary improvement of road traffic in Cambodia can be achieved, and how it will work.'

Chasing Cars, 25 September 2007

• Has anybody noticed whether the new traffic law is being implemented? Thought not, it's just a case waiting for a lame excuse.

• Someone with an excuse is the (former) deputy governor of Phnom Penh:

  'he cannot work because of a traffic injury sustained in the US'.

  He apparently had not showed up for work for over a year! Was he missed? No, the city of Phnom Penh employs 9 (!) deputy governors. The brief article is from the KI Media site which mentions everyday.com.kh as their source.

• August turned out to be another month of increasing traffic accidents. KI Media

• The metered taxi business is continuing. Business is a

  'struggle',

  but they made enough profit in the first month

  'to drive forward'.

  Somehow it strikes Crossing Cambodia odd. Wouldn't you need to make just as much profit to drive backwards? KI Media trashing VOA.

• Did anyone in Cambodia notice that Saturday was International Car-Free day? No? Well, it was, though not observed in Cambodia. Thailand struggled to come up with some kind of programme to keep everybody happy. The Nation mentions that

  '1221 bikers made a ride'.

  Elsewhere, The Nation reports that cyclists were trying to 'break the cycle'. Not their own hopefully. No it was aimed

  'at encouraging city people to use their cycles'.

  It was part of a 5(!) year campaign to reduce global warming through city efforts. Apparently the city authorities are expanding the number of cycle lanes. The report then focuses on Chiang Mai, where three cycle routes were proposed and public transport was free.
  
  In Phnom Penh the car-free celebrations have been shifted to coincide with the Pchum Ben Holidays in two weeks ...
  

Final launch?

Today's (12 September, 2007) Cambodia Daily reports on yesterdays' public function which intended to educate the general public on the new traffic law. Crossing Cambodia reported a few days ago that the intent was to draw 2,000 people. Well, did they achieve this feat?

No, according to Cambodia Daily:

'Around 1,000 people gathered ...'

Further on in the article the reason for the public gathering:

'Public Works and Transport Minister Sun Chanthol said the launch signaled that authorities will begin implementing the new traffic law ..
"Today is an alarm to wake all people to drive carefully and respectfully", he said.'

Crass words. Unfortunately another speaker at the ceremony was Cabinet Minister Sok An:

'[Sok An] admitted that some aspects of the law, which includes a penalty point system on drivers' licenses, will "take five years to implement"'.

@#%&*! Five years? Why then write this aspect in the law if you have no intention of enforcing it? Another law for the rubbish heap.

The article goes on to explain how the system of points will work. Then:

'Sok An said that the point system being developed is to ensure that people respect the new traffic law.

...

... "People have to respect the law"'.

Coming from Sok An himself, would almost make you believe that it's true, unfortunately the minister does not mention whom he describes as 'people'. One thing for sure is that it certainly does not include himself or all his buddies and cronies. If anything, one would be inclined to refer to the current Cambodian government as 'lawless', if not with a word that implies worse.

'More than 500,000 motorbikes are registered with the ministry, but only 2,000 have obtained licenses, said Keo Savin [director of the transport department at the Ministry of Public Works and Transport] which indicates that law enforcement officials must disseminate information about the law first first and foremost.
"Competent people have to be gentle in implementing the law," he said, adding that it was uncertain when motorists would start being fined, as the tickets that will be issued by police have not been created yet'.

Yawn. Surprise?

Even Handicap International seem to have lost it:

'"These coming years will be particularly critical in applying the new law", he [Jean Francois Michel, coordinator of operations for Handicap International] said'.

At least it's true, though a totally useless statement. Then again his hopes are that it will be enforced within the coming years as opposed to never.

The whole article is then given perspective by a foot voter, a motorbike taxi driver:

' ... that officials have been talking about implementing the new law for weeks, but things have yet to change on the roads."
I doubt if the new law will be effectively enforced,"...'

So does Crossing Cambodia.

Back to normalcy: the traffic law enforcement

My apologies for the publishing the complete new traffic law (a case of clogging (or is it blogging?) up the Crossing Cambodia blog), it's so Crossing Cambodia can deep link in future. It also provides excellent reading.
The law contains some absurd articles and is so far from reality, it's hard to see even a sliver of it being enforced. Whoever dictated the law (an INGO?) should look very silly. It also makes a mockery of the Cambodian law legislators, they seemingly have discussed this before approving it. The question comes to mind, whether they read it first? Then again, who is Crossing Cambodia to criticize Cambodian political folklore? Let's just see how it works out.

One particular point Crossing Cambodia would further like to highlight is the fact that the various different license plates will disappear; Crossing Cambodia wonders whether police and army have been informed?

Another apology, it's an unofficial translation, no points for guessing that.

Further more apologies, where are the real recent postings? If you interested here are the links:

It's not the first, ...
A pinch and a punch, ...

What else has been happening? Well, despite the new law being postponed until the 11th, the governor of Phnom Penh was ready to start. That according to a report published on KI Media, again translated from Everyday.com.kh. To implement the law the city's governor has posted five traffic policemen at each of the city's lights as well as 5 military police. What the former have to do is totally unclear, the more the merrier? According to khmernews.com the main intention of the police may well lay elsewhere:

'A police is extra supplied 5,000 Riel from the city hall.'

Cambodia Daily (5 September 2007) reported on the above as well:

'...

Using loudspeakers, the officers will recite aloud the most important parts of the traffic law, and "educate people without extorting them", Tin Prasoer [Phnom Penh municipal traffic police chief] said.

...

Ung Chun Hour, director general of transport for the Ministry of Public Works and Transportation, said the ministry, along with the Interior and Finance ministries, had approved anew form of receipt that police will give drivers when collecting fines from those found breaking the law. He added that he did not know when the new receipts would be distributed to police.'

And on the sixth the Cambodia Daily reported that:

'No loudspeakers mean quiet start for police'

'The Phnom Penh municipality's plan to deploy police at all the city's traffic lights to educate motorists about the traffic law got off to a quiet start Wednesday, as officials had yet to distribute loudspeakers, police said.

...

Traffic police officer Chey Sokea who was stationed at the intersection of Russian Boulevard and Street 598, said that he and fellow officers had stopped 10 motorbike and car drivers Wednesday morning to advise them to wear seat belts and helmets.He said however that the afternoon heat had dissuaded them from education more motorists.

...

Chey Sokea said, adding that numerous luxury vehicles did not heed police requests to stop'.

So are we prepared? Not really. How can a gaggle of traffic police only stop 10 traffic users, surely they must have been able to stop more, even on an off-day.

And in the end? Nada, See photo. Extra pay insufficient?

A gaggle of traffic police at the Monivong / Sihanouk cross road.
Under the shade again on the sixth of September, before the heat ....

Law on Land Traffic; Chapter XI and XII: provisions

CHAPTER XI

INTER-PROVISION

ARTICLE 91:
Vehicles belonging to private, that are bearing the state, police and royal armed force number plates have to apply for the form to change to private number plate completely in one year since the day that the law came into effect.[CC: so it's bye bye to stae, police and army number plates? So why not include National assembly number plates?]

ARTICLE 92:
Chapter 10 on the legal penalty will be implemented for six months after this law came into effect except the regulation stated in article 77 and 78 and article 84 of this law.

ARTICLE 93:
The regulation stated in point 7 and 8 of article 9 on Chapter 3 of this law shall be implemented for 5 years after this law came into effect.

ARTICLE 94:
The regulation stated in article 43 and 44 chapter 7 of this law shall be implemented for 5 years after this law came into effect.

CHAPTER XII


FINAL PROVISION

ARTICLE 95:
Degree Nº 68 Rk dated 31 August 1991 that proclaimed to use the law on land traffic and all other provisions which are different from this law shall be consider null and void.

The law is adopted by the National Assembly of the
Kingdom of Cambodia on 20th December 2006 on the fifth
National Assembly Meeting session of the third legislature.
Phnom Penh, 22nd December 2006

Law on Land Traffic; Chapter X, Art.88-90: minor penalties

ARTICLE 88:
There are four levels of the minor penalties based on the defining money, including the deduction of scores as stated in the article 43 of this law through the followings:

Minor penalty No. 1:
a. Drive by using horn incorrectly to the regulation.
b. Drive without wearing seat belt or safety helmet.
c. Driving by placing children less than 10 years old in front seat of vehicle without accompanying by the old people and without wearing the seat belt.
d. The offences which are against point 7 and 8 of article 9.
e. Stop or park (vehicles) by violating or interrupting.
f. Driving with defunct speedometer.
g. Driving over the limited speed from 1 to 19 kilometers per hour.
h. Using phone without connecting device while driving.
i. Committing offences against article 15.

The above offences shall be punished and fined in accordance with the types of vehicles as follows:
- Motorbikes or motor-tricycles shall be fined 3,000 Riels.
- Light vehicles shall be fined 5,000 Riels.
- Heavy vehicles shall be fined 10,000 Riels.

Minor penalty No. 2:
1. Loading of goods with its length, width, and height longer than limit and against this law.

2. Loading of goods incorrectly to the technique.

3. Offenses relating to decoration of lights of vehicles which are not technically standardized.

4. Offense relating to machine making noise or expelling smoke.

5. Offenses relating arrangement of driving equipment.

6. Driving over the limited speed from 20 to 29 kilometers per hour.

The offense mentioned above shall be punished depending on the type of the following type of vehicles:
- Motorbikes or motor-tricycles shall be fined 4,000 Riels.
- Light vehicles shall be fined 8,000 Riels.
- Heavy vehicles or trucks shall be fined 15,000 Riels.

Minor penalty No. 3:
a. Driving opposing the traffic direction or driving on long line on the middle lane.
b. Driving over the limited speed from 30 to 39 kilometers per hour.
c. Offenses relating to passing by or overtaking.
d. Offenses relating to priority at the junction road.
e. Offenses relating to the use of light and signal of the vehicle.
f. Driving without respecting red traffic light.
g. Driving without respecting prohibiting sign.
h. Making repeated mistakes in parking and stopping.
i. Using incorrect tires contradicting to the regulation.
j. Driving without certificate of vehicle technical checkup.
k. Driving without business license.
l. Drivers do not obey the traffic order of the traffic police.

The offense mentioned above shall be punished depending on the type of the following type of vehicles:
- Motorbikes or motor-tricycles shall be fined 5,000 Riels
- Light vehicles shall be fined 10,000 Riels
- Heavy vehicles or trucks shall be fined 20,000 Riels.

Minor penalty No. 4:
a. Driving by using different driving license to the type of vehicle.
b. Driving vehicles with caterpillar tracks directly on the public road.
c. Fast driving beyond the defined speed over 40 kilometers per hour.
d. Using unclear number plate of the vehicle with its design differs from its original appearance or its numbers were partly omitted or parts of its plate were broken down.
e. Driving by using the expired driving license.
f. Driving without respecting the health condition that required to wear spectacles.
g. Driving with rate of alcohol from 0.25 to 0.39 mg per liter of air or from 0.5 to 0.79 gram per liter of blood.
h. Turning right or left which is against the general provision of this law.
i. Carrying passengers on the vehicle or trailers being towed besides the drivers.
j. Overloading the passengers.
k. Organizing vehicles racing without permission on the public roads.

The offense mentioned above shall be punished and fined depending on the type of the following vehicles:
- Motorbikes or motor-tricycles shall be fined 6,000 Riels
- Light vehicles shall be fined 12,000 Riels
- Heavy vehicles or trucks shall be fined 25,000 Riel.

In the case that the offenders disagree to pay the fined money within 30 days since the day they received the bill, the amount of fined money will be doubled, and if it is over 60 days, the amount of the fined money will be tripled. If it is beyond 90 days, the traffic police have to lodge the complaint to the
court.

ARTICLE 89:
For other offenses, which are not provided in the Article 88, warning will be given.

ARTICLE 90:
For the temporary penalty, the offenses can be allowed to avoid penal complaint.

Law on Land Traffic; Chapter X: penalties, fines

ARTICLE 77:
Those who are using the driving license, vehicle identification card, or other permission letters by knowing that they are fake and those who falsify the driving license, identification card or other documents for trafficking along the roads, will be punished by putting in the prison from two years to five years and fined from Riel 4,000,000 to Riel 10,000,000.

ARTICLE 78:
Those who are using the means to provoke the obstacle to the public traffic will be punished by putting in the prison from one month to one year and fined from Riel 200,000 to Riel 2,000,000.

ARTICLE 79:
Those who are driving without driving license, vehicle identification card, and number plate shall be imprisoning from six days to one month and/or fined from 25,000 Riels, to 200,000 Riels.

ARTICLE 80:
Those who are driving by causing the injuries to the others unintentionally or disabled the others from doing their work equal to or more than eight days shall be imprisoning from six days to one year, and / or fined from 25,000 Riels to 2,000,000 Riels.
The drivers shall be punished in maximum level when they committed offenses in the following cases:
a) Driving without driving license or with driving license but is not properly used as defined.
b) Driving when they are drunk with the alcoholic rate from 0.40 mg per liter of air, or from 0.80 g per liter of blood.
c) Provoking injuries to many people.
d) Escaping from the accident place for the purpose of irresponsibility.

ARTICLE 81:
Those who are driving by unintentionally provoking the permanent injuries to the others shall be imprisoned from one year to three years and/or fined from 2,000,000 Riels to 6,000,000 Riels.
The drivers shall be punished in maximum level when they committed offenses in the following cases:
a) Driving without driving license or with driving license but is not properly used as defined
b) Driving when they are drunk with the alcoholic rate from 0.40 mg per liter of air, or from 0.80 g per liter of blood.
c) Provoking injuries to many people.
d) Escaping from accident place for the purpose of irresponsibility.

ARTICLE 82:
Those who are unintentionally driving and provoking the death accident to the others shall be imprisoned from one year to three years, and/or fined from 2,000,000 Riels to 6,000,000 Riels.
The drivers shall be punished in maximum level when they committed offenses in the following cases:
e) Driving without driving license or with driving license but is not properly used as defined.
f) Driving when they are drunk with the alcoholic rate from 0.40 mg per liter of air, or from 0.80 g per liter of blood.
g) Provoking injuries to many people.
h) Escaping from accident place for the purpose of irresponsibility.

ARTICLE 83:
Those who are willingly driving and causing the injuries, disabilities, or death to the others will be punished in compliance with the penal code.

ARTICLE 84:
Overloading the limited maximum weight on the axles of the vehicles and overloading the limited maximum weight of the vehicles shall be punished as the following:

1. Less than 5% shall have a written warning without fining.

2. More than 5% to 10%, the drivers shall:
a) Be fined 100,000 Riels per ton
b) Unload the goods and detain the vehicle for ten days
c) Take away the driving license and suspended it for ten days.

3 More than 10% to 20%, the drivers shall:
a) Be fined 200,000 Riels per ton.
b) Unload the goods and detain the vehicles for one month.
c) Take away the driving license and suspended it for six months.

4 More than 20%, the driver shall:
a) Be fined 300,000 Riel per ton.
b) Unload the good and detain the vehicles for one year.
c) Take away the driving license and suspended it for two years.
In case that there are an offenses on the total loading weight on vehicles and including the offense on overloading weight on axles, it shall be fined on the two cases.
In case the drivers are still committing the offences, the fining will be doubled and stopped the transportation business for one year. The owner of the vehicles shall be responsible for the cost of loading and reloading goods and renting cost of the place to keep the goods and the vehicles.
The above punishment shall not be the obstacle of the judge decision on the case of damaging infrastructure causing from the overloading goods on the vehicles.

ARTICLE 85:
The parents who are allowing their children with their ages under 6 years old walking freely on the public roads and causing traffic accidents shall be asked to responsible for the civil code.

ARTICLE 86:
Those who are freeing their feeding animals to walk freely on the public roads, causing the traffic accident, shall be asked to responsible for the civil code.

ARTICLE 87:
Any government staffs who not follow this article 47 shall be responsible for the administrative law.

Law on Land Traffic; Chapter X, art.69-76: fines

CHAPTER X

THE PENALTY

ARTICLE 69:
The drivers might be responsible for both penal and civil codes to the offenses that they have committed in driving the vehicles.
Violation on body, honor, dignity, and the competence of the traffic police who are fulfilling the task shall be liable to the law.

ARTICLE 70:
The owners or the manager of all kinds of vehicles shall be responsible for civil code in case there is a traffic accident leading to the damages provoked by their vehicles.

ARTICLE 71:
All traffic offenses have to be sent to the court except small offenses that have to be fined or the case stated in article 64 or the offensive acts that shall get warning.

ARTICLE 72:
Any officials or agents responsible for traffic order used their power to confiscate the driving license, number plate, identification card or keeping the driver’s vehicle, shall be jailed from 6 (six) days to one (1) month and or fined from Riel 25,000 to Riel 200,000.
In case the vehicles are damaged or lost any parts due to the detaining, the entity shall be responsible for the payment. If the level of violation of the police officers or the traffic agents is too serious, the entity can demand the compensation from the police officers or traffic agents.
The police officers or traffic agents shall be imprisoned from one (1) year to three (3) years and/or fine from two millions (2,000,000) Riels to six millions (6,000,000) Riels to any traffic officers or traffic agents that:
- Forced and demanded the fining money against the amounts set by the law
- Obtaining money by using the incorrect fining tickets or do not issue fining tickets to the fined driver.
- Shall be punished by jailing from one (1) year to three (3) years and or fine from two millions (2,000.000) Riels to six millions (6,000.000) Riels to any government staff or staff working directly or those who have duty or task in managing the driving schools or engaging in the issuance of the driving license and vehicle identification card and have committed wrong to the article 40 or 48 of this provision.

ARTICLE 73:
In the case the driving license has to be suspended or nullified and that the drivers disagree to give the driving license in accordance with the defined time, shall be punished by jailing from one (1) day to five (5) days and fined from five thousand (5,000) Riels to twenty five thousand (25,000) Riels.

ARTICLE 74:
Those who are driving the vehicles without the driving licenses or in the time their driving licenses are removed, suspended, or nullified, shall be jailed from six days to one month and fined from Riel 25,000 to Riel 200,000.

ARTICLE 75:
Those who are hampering or interfering to the stop of vehicle or do not stop their vehicles in accordance with traffic police's order or refused from being checked or disagreed from doing the breathalyzing test or drug test, shall be punished by jailing from six days to one month and fined from Riel 25,000 to Riel 200,000.

ARTICLE 76:
People who are driving when they are drunk with the rate of alcohol from 0,40 mg per liter of air or starting from 0.8 grams per liter of blood upward, shall be punished by putting in the prison from six days to six months and fined from Riel 25,000 to Riel 1,000,000.

Law on Land Traffic; Chapter IX: traffic police, rules, fine regulations

Chapter IX

Competence of Officers implementing the Traffic Law

ARTICLE 58:
Officers implementing the traffic law are divided into two groups: entity of traffic police and the mixed monitoring groups.
1) Entity of traffic police whose duty is to maintain the traffic order shall:
- Maintaining traffic order.
- Following up, patrolling and checking the act of traffic offences.
- Reporting on traffic-order situation, traffic law violation and traffic accident occurred.
- Fining on petty crime which is to be punished with interim penalty.
- Handling the traffic accident case, as stated in article 64.
- Monitor and making report of accident and if necessary, confiscate the driving license for temporary period and keep the vehicle the place based on article 61, article 65 and article 66.
- Making report attach with the dossier to be submitted to the court if defined by this law.
- The mixed monitoring groups which consist of officers from Ministry of Public Works and transport and other concerning ministries shall have duty to check traffic offenses if necessary. The duty of the mixed monitoring groups shall be determined by sub-decree.

ARTICLE 59:
Offenders have the right to lodge complaint to the court in the case that they disagree on incorrect decision on the fining on the offenses.

ARTICLE 60:
Traffic police officers have to keep the vehicles for examining by avoiding the traffic jams or causing the traffic accident.

ARTICLE 61:
Traffic police officers have the right to remove driving license to suspend (the driving) in the period not exceeding 1 month including the deduction of scores as stated in article 43 of this law for the following offenses:
1. Drive contradictory to traffic direction or drive in traffic direction with prohibiting sign.
2. Drive with the speed over 40 kilometers per hour against the speed limited in this law.
3. Not respect the priority right.
4. Not respect stop sign or red traffic blinking light.
5. Driving the vehicles with caterpillar tracks directly on the tarmac road.
Traffic police officers should not remove vehicle identification card or driving license in the case that there is no provision stated in the law.

ARTICLE 62:
In the case of traffic accident, based on the respective cases, the keeping of driver and vehicle for question and making report is the responsibility of traffic police officers at the accident place. In the case that the driver is under the influence of drunken substance or drug, the task has to be handed over to hospital for checkup and issue letter to specify the rate of drunken substance or drug to be enclosed with the report on the traffic accident to the court.

ARTICLE 63:
The traffic offences that are to be punished by putting in the jail or by fining in money shall be the duty of the court. In this case, the provincial and town traffic police officers have to send the report on the traffic accident through hierarchy to the tribunal by enclosing with the driver's and the victim's answers or witness's answers collected by traffic police officers. The documents, which are collected, should bear with clear and enough information to be sent to the court.

ARTICLE 64:
Offenses to the traffic law and traffic order with light penalty which are to be punished on the temporary basis are the responsibility of traffic police officers.
Traffic police officers have the right to coordinate the case of traffic accident, which is required only to compensate for the damage. If the coordination cannot be reached, the traffic police officers have to send the file to the court.

ARTICLE 65:
Traffic police officers have to file the lawsuit to the court against driver who breaks the traffic rule or traffic police's regulation by nullifying the driving license and void or suspending the driving license for a period of time as the following:
1. The suspension of driving license within the period not exceeding one year including the deduction of score as stated in article 43 of this law:
a. Driving in drunkenness with the rate of alcohol from 0.4 grams per liter of air or from 0.8 grams per liter of blood onward or under the influence of drugs or refused from performing the breathalyzing.
b. Fled away when provoking the traffic accident.
c. Go against the order of stopping vehicle or refuse from vehicle checkup.
d. Use of forged number plate or identification card or documents of vehicle for trafficking.
2. The declaration on the nullification of the driving license or the suspension not exceeding two years including the deduction of scores as stated in article 43 of this law:
a. Driving without respecting the traffic law and unintentionally caused people to be injured.
b. Driving without respecting the traffic law and unwillingly caused people to die.
In the case that the drivers commit offenses as stated in point 1 and 2 above the head of the police entities at the provincial or municipal levels shall have the right to suspend the driving license up to one year until the court sentences the cases. When the case is decided, the above decision shall be replaced with the decision of the legal sentences.

ARTICLE 66:

Traffic police officers have to prevent vehicle from trafficking or keep the vehicle until the fining is made in accordance with the case that the drivers have broken the traffic regulation or traffic police's order as followings:
1. The vehicle that its driver is in the drunkenness with the rate of alcohol more than 0.25 mg per liter of air or from 0.5 grams per liter of blood upward or under the influence of drug.
2. The vehicle that its driver refuses from examining the rate of alcohol and drug.
3. The vehicle overloads goods or passengers from its limit.
4. The vehicle that its driver has no driving license or has different driving license from the type of vehicle.
5. The vehicle that has no enough technical condition that can cause traffic accident.
6. Vehicle expels thick smoke or makes strong sound which is against the standard limit that interferes other road users or people living along the public road.
7. The vehicle that is on run without number plate and vehicle identification card or other permissions for trafficking.
8. The vehicle that carries goods or passengers that blocks or interferes the driver’s eyes.
9. The vehicle that parks and interferes or cause traffic accident to other road users.
10. The vehicle that parks on the road in town more than 72 hours.
11. In the case the vehicle was not brought for technical checkup as the time set or was not brought to repair in compliance with the time defined by the Ministry of Public Works and Transport.

ARTICLE 67:

Traffic police officers have to stop and keep the vehicle and prepare documents to be sent to the court for judgement for the driver who committed the traffic offences as the followings:
1. The vehicle involving traffic accident.
2. The vehicle that has the faked number plate or faked vehicle identification card or faked permission letter.
3. The vehicle that overloads goods or passengers that damages infrastructures such road and bridge.

ARTICLE 68:

The competent officers organize the monitoring and investigating forms and record the offences as follows:

1. The process of monitoring the offenses and the use of list book and making the statement of accident and or submitting the documents to the competent officers shall be determined by the common Prakas of the Ministry of Interior, Ministry of Justice, and Ministry of Public Works and Transport.

2. The process of paying the fining, the management of the fining receipt and the management of the income obtaining from the fining shall be determined by the common Prakas of Ministry of Interior, Ministry of Economics and Finance, and Ministry of Public Works and Transport.

Law on Land Traffic; Chapter VIII: National Committee of Road Traffic Safety

Chapter VIII



National Committee of Road Traffic Safety


ARTICLE 56:

The National Committee of Road Traffic Safety shall be created in order to coordinate, gather force, enhance cooperation between Ministry of Public Works and Transport and other concerning ministries, transporting associations, NGOs, and private institutions for the purpose of reducing traffic accidence in the goal of protecting citizen’s life, preventing the damages of public or private properties and guaranteeing the security, public order and the road safety on the road.
Composition, duty, organization, and the functioning of the National Committee of Road Traffic Safety shall be determined by sub-decree.


ARTICLE 57:

The National Committee of Road Traffic Safety shall have a separate budget which is the annex of Ministry of Public Works and Transport and the budget from partners of Road Traffic Safety focusing on the measure of traffic-accident reduction.

Law on Land Traffic; Chapter VII, Art. 52-55;documentation, loading, payment

ARTICLE 52:
While transporting, each vehicle shall obtain the documents issued by Ministry of Public Works and Transport and the concerning institutions as follow:
a) Vehicle identification card, and number plate.
b) The correct driving license with the type of vehicle.
c) Certificate of technical checkup of the vehicle.
d) Permission letter allowing the vehicle to do transportation business.
e) Permission letter allowing to do transportation business.
f) Insurance card issued by insurance company.
g) Other permission letters issued by other competent institutions.

ARTICLE 53:

Loading passengers and goods shall follow as below:

1. Loading goods on vehicle should be carefully organized to prevent:
• Causing accident to human, destroying public property, or private property with the towing or falling on the road.
• Blocking the sight of the driver or to worsen vehicle’s balance and driving the vehicles.
• Making noise, increasing dustiness or other disturbance that is avoidable.
• Block traffic light, changing direction light, mirror reflecting lights and vehicle number plate.

2. Other additional protecting facilities such as nylon, chain cable, and tent cloth used for security or protection of goods shall be tightly covered and tied.

3. All cases of loading logs / timbers or other stuff with a long length, the logs shall not be three meters longer than the front or back edges of vehicles or touch down to the ground.

4. If the log or other stuff is 1 meter longer than the edge of the back of the vehicle, the driver shall tie red cloth at daytime and at night the driver shall put red light reflection at the end of the log or the stuff. The width of the log or stuff shall not bigger than the width of the vehicle. The height shall not be higher than the roof of the vehicle as limited and manufactured by the company, except the vehicle carrying maximum weight of 20 passengers, and that it can load goods on the roof with maximum height of 0.5 meter and that it shall have a strong supporter which is firmly attached to the roof.

5. In case the vehicles transporting dangerous goods, the driver shall properly organize and pack the goods safely and write the name of the goods and stick the dangerous sign on the goods.

6. The Ministry of Public Works and Transportation shall define the loading and packing technique.

7. There shall be the comfortable seats or holding bars that the passengers can hold themselves. Passenger transportation shall be prohibited as follow:
- Carrying more people than the numbers of seats, that is limited by the manufacturing company or the Ministry of Public Works and Transport.
- Carrying passengers on the cabin roof or the roof of vehicle.
- Allowing passenger hanging themselves in front, at the side or at the back of the vehicle.
- Carrying people on the trailers or semi-trailers.
- Carrying bad smell stuff or poison on the passenger vehicle.


ARTICLE 54:
Carrying goods on vehicle shall not exceed maximum weight of the sustaining axles and shall not exceed the limited by the company producing the vehicles and shall not be over permitted weigh as follow:

1. Maximum weight on the sustaining axle of automobile, trailers or semi-trailers is limited as follow:
- 6 tons for single axle with two wheels under the steering wheel.
- 11 tons for twin axles with four wheels under the steering wheel.
- 10 tons for single axle with four wheels .
- 19 tons for twin axles with eight wheels .
- 24 tons for triple axles adjacent to each others with twelve wheels.

2. Permitted maximum total weigh of automobile is defined as follow:
- 16 tons for automobiles with twin axles which one axle is located in the front of the automobile with two wheels, and the other one located in the back with four wheels.
- 25 tons for automobile with triple axles as one axle is located in the front of the automobile where there are two wheels and the twin ones located in the back of the automobile where there are eight wheels.
- 30 tons for automobile with four axles as twin ones are in the front of the automobile wherethere are four wheels and the other two axles are in the back of the automobile where there are eight wheels.

3. Limitation of permitted maximum total weight of automobile with trailers shall be defined as follow:
- 40 tons for automobile with trailers having five axles onward.

4. Limitation of permitted maximum weight of automobile with semi-trailers shall be defined asbelow:
- 35 tons for automobile with semi-trailers having four axles as a single axle is located in the front of automobile where there are two wheels and the other single axle in the back of the vehicle where there are four wheels and the twin axles of the semi-trailers with eight wheels.
- 40 tons for automobile with semi-trailers having five axles onward. The total weighs of the automobile and the trailers or semi-trailers which is not included in points above shall be asked for permission letter from Ministry of Public Works and Transport. When crossing the bridges, all drivers of automobiles, automobile with trailers, or semitrailers shall obey the permitted maximum weight signs put in front of the bridges. The size of automobiles, automobiles with trailers or semi-trailers with no loading shall be defined as below:
- Maximum width of the vehicles shall not exceed 2.5 meters except vehicles equipped with tools should not be more than 3 meter width.
- Maximum height should not be higher than 4.2 meters.
- Maximum length of each automobile shall not exceed 12.2 meters.
- Maximum length of the automobiles towing semi-trailers shall not exceed 16 meters .
- Maximum length of the automobiles towing trailers shall not exceed 18 meters.

Technical standard of size and weight of other types of vehicles shall be defined by Prakas of Ministry of Public Works and Transport.

ARTICLE 55:

The service payment of issuing driving license, identification card, number plate, technical checkup, permission letter for vehicle serving in business, and fines for the lateness and other services shall be defined by Prakas of Ministry of Economics and Finance, and Ministry of Public Works and Transport.

Law on Land Traffic; Chapter VII Art. 44-51; scorecard, foreigners and driving licenses,driving schools, vehicle identification cards, technical cert

ARTICLE 44:


Cases related to score card:


- When the score is totally deducted, the driving license is invalid

- When the driver violates one count, mark deduction shall not be more than 8 marks

- Three years after some marks are last deducted, if the drivers do not violate any traffic regulation, the drivers shall automatically get new score card with 12 marks.

- In case that the score cards have been deducted, and the holders want to increase the mark, they shall take training class for two days organized by Ministry of Public Works and Transportation. To take the training class, the drivers can get 4 marks but the score shall not be more than 11 marks. Drivers can take the training course to increase the marks only at least in the period of two years.

- In the case that the driving licenses become invalid due to the mark deduction, the drivers shall take driving class and apply for driving licenses again by having their health checked.

- In the case that the driving licenses become invalid because the drivers provoked serious accident or fatal accident unintentionally, the drivers shall retake driving class and apply for the driving license again at least 5 years after the accident by having their health checked.
Procedure of issuing score card for the drivers shall be determined by the Prakas of Ministry of Public Works and Transportation.


ARTICLE 45:

Except when there is a bilateral or multinational agreement or international convention recognized by two countries or more with Kingdom of Cambodia, legal immigrants who want to drive on the road of the Kingdom of Cambodia could obtain Cambodian license in two ways:

1. Applying in the examination for driving license like Cambodians.

2. Exchanging their national driving licenses with the Cambodian one by submitting the application form to Ministry of Public Works and Transportation and shall complete the following criteria:
a. Shall have passport and valid visa.
b. Shall have a valid driving license.
c. Shall have clear permanent address certified by authority.
d. Shall have a physical certificate and stayed in Cambodia at least six months.
e. In case the driving license is not in English or French, it shall be translated into English or French certified by their embassies, consuls or other competent
institutions.
The valid duration of driving license of foreigners exchanged to Cambodian one shall be in one year.
The valid duration of driving license of the foreigners who passed the driving test would be in the same period as the Cambodian ones. And in the case that the foreigners’ driving license is invalid, the foreign drivers shall take the theoretical test and practical driving test.
Foreign drivers holding driving license type C, D, and E shall not be able to exchange for those type, but shall be able to exchange for type A or B.


ARTICLE 46:


All driving schools shall have permission letter and should be under the control and management of Ministry of Public Works and Transport.

All driving teachers shall have certificates proving their ability which were issued by Ministry of Public Works and Transport. The Ministry of Public Works and Transport shall issue Prakas of the procedure of issuing driving license, the setting up of driving schools, the setting up of testing criteria for driving teachers to certify their ability and driving schools program.
In case it is necessary, the Ministry of Interior has the rights to check all private driving schools.


ARTICLE 47:


All Vehicles and trailers or semi-trailers with the total weight over 750 kg onward that, before allow moving along the roads, they shall register and apply for vehicle identification card and with the number plate at Ministry of Public Works and Transport. All vehicles that are not yet registering for the identification card and without the number plate must be transported by the vehicles bearing the number plate when moving on the road.

All vehicles, motorcycles, tricycles and the machines which are the properties of the state serving the national security, social orders and the national defense at the battle field managed by Ministry of Interior or Ministry of National Defense must register to apply for the identification cards by Ministry of Interior or Ministry of National Defense.

Ministry of Public Works and Transport shall give the statistic list of all types of vehicles registering for the identification card to the Ministry of Interior once a week.

Ministry of Interior and Ministry of National Defense shall also report about the numbers of vehicles, motorcycles, tricycles or other machines belong to the state properties under its supervision to Ministry of Public Works and Transport once a week.
Vehicle registration and number plate issuance are defined by sub-decree.


ARTICLE 48:


All vehicles, trailers, and semi-trailers, motorbikes, or motor-tricycles which are moving along the roads shall have certificates of technical check issued by Ministry of Public Works and Transport.

Validity of the certificates is defined as follow:

1) A brand new mini-bus for tourist shall be brought to get the certificate of the first technical check-up for which is valid for four years. Then, the mini-bus shall be brought for technical check every two years.

2) Second hand mini-bus for tourist shall be brought for technical check every two years.

3) Brand new taxies or trucks and vehicles equipped with tools that have never used, shall be brought to get the certificate of the first technical check-up which is valid for 2 years, follow with the technical checkup once a year.

4) Second hand taxi, truck and the old vehicles equipped with tools that have been used shall be brought for technical checkup every year.

5) Brand new trailers and semi-trailers which have never been used shall be brought to get the certificate of technical checkup, which is valid for two years. Afterward, the vehicles shall be brought for technical checkup every year.

6) Second hand trailers or semi-trailers that have been used shall be brought for technical checkup every year.

7) All vehicles, trailers and semi-trailers that were locally innovated shall be brought for technical checkup before registering for number plate and identification card and will later come for technical checkup once per year.

8) Brand new motorcycles and motor-tricycles that have never been used shall be brought for certificate of technical checkup which is valid for four years. Afterward, the vehicles shall have technical checkup every two years.

9) Second hand motorcycles and motor-tricycles that have been used shall be brought for technical checkup every two years.

10) Motorbike with trailer shall be brought for technical checkup every two years.

Criteria of the technicality of the vehicles shall be defined by the Prakas of Ministry of Public Works and Transport.


ARTICLE 49:


All garages, where vehicles are repairing, installing and renovating, must obtain the business permitted certificates issued by Ministry of Public Works and Transport and in the necessary case the Ministry of Interior will check.

The procedure of issuing the permitted letter for the garages on its repairing and installation including the technical standard of vehicle renovation shall be determined by sub-decree.

ARTICLE 50:

1. Domestic or cross-border transportation companies and transportation agencies which are providing a single or multiple types of goods shall obtain the permission to do the business issued by the Ministry of Works and Transportation.

2. The procedure of governing transportation businessmen and transportation agency is determined by sub-decree.

3. The management of goods and passengers transportation is defined by sub-decree

4. The transportation of the dangerous goods and the easy-rotten-goods is defined by subdecree.

5. The contract of transporting goods or passengers on land shall be written in a separated law.

6. The international transportation shall follow international agreement when the Kingdom of Cambodia becomes the party.


ARTICLE 51:


All automobiles, trailers, or semi-trailers doing transportation business shall obtain the permission letter issued by Ministry of Public Works and Transport.
The permission letter for transportation business is valid for one year. The owners of the vehicles shall extend the validation for every year; it shall be fined if found of being late. Ministry of Public Works and Transport shall issue the detailed Prakas on the issuance of permission letter to the Transportation Companies.

Law on Land Traffic; Chapter VII; Driving licenses, score card, marks deduced

Chapter VII


Vehicles Management and Transportation


ARTICLE 40:

The national and international driving license for all types of vehicles will be issued by Ministry of Public Works and Transport. Ministry of Interior or Ministry of National Defense will issue the driving license for the drivers of special vehicles serving in the specific areas of skill such as tanks, armored vehicles, military equipped vehicles, racing vehicles, tricycles, convoy motorcycles which are the state properties.

There are 5 types of driving license for the road vehicles of the Kingdom of Cambodia as follows:

Type A: For motorcycle and tricycles

A1 - For the motorcycle with the cylindrical size from 49 to 125 cm3

A2 - For the motorcycle with the cylindrical size over 125 cm3.

- The vehicles with trailers and tricycles.

Type B:

- For the vehicles transporting the passengers not over 9 passengers including the driver.

- The goods loading vehicles with total weight in maximum not over 3.5 tons.

- The vehicle in type B can tow the trailers with total weight not over 0.75 tons.

Type C: For the goods loading vehicles with total weight in maximum over 3.5 tons and might probably have trailers with the total weight in maximum not over 0.75 tons.

Type D: Passenger Vehicles:

D1 - For the vehicles loading passengers from 10 to 20 passengers including the
driver and might have the trailers with the total weight in maximum not more than 0.75 tons.

D2 - For the vehicles loading more than 20 passengers including the driver and might have the trailer with the total weight in maximum not more than 0.75 tons.

Type E: For the vehicles in Type B, C and D with trailers in total weight more than 0.75 tons must divide into 3 types – Type E (B), Type E (C) and Type E (D).


ARTICLE 41:

Other conditions involving the driving license will be defined as the following:

1- The drivers can only drive the vehicles based on the types of driving licenses they are holding. The disabled people obtain the rights to drive the special vehicles and have the special driving license for only the disabled people.

2- The driving license holders must apply for the renewal of the validation before the expiry date of the driving license. Failure to apply for the renewal of the validation will be fined as set by the law.

3- The age of drivers must be determined in accordance with the types of the driving license as follows:

1- At least 16 years old for type A1

2- At least 18 years old for type A2 and B

3- At least 22 years old for type C and D1

4- At least 24 years old for type D2 and E

5- Those who have the driving license type A2 can drive the vehicle in type A1

6- Those who have the driving license type B can drive the vehicle in type A1, agricultural vehicle or vehicle equipped with usable tools with the maximum speed not over 40km/h, but cannot drive the vehicle in Type A2 or C or D1 or D2 or E.

7- Those who drive the vehicle equipped with the usable tools with the maximum speed over 40km/h must hold the driving license in Type C.

8- To obtain the driving license in Type C, the drivers must have either the driving license in Type B or D1 first.

9- Those who drive the vehicles in Type C or D1 or D2 can drive the vehicles in Type B.

10- Those who have the driving license in Type C cannot drive the vehicles in Type D2, but those who have the driving license in Type D2 can drive the vehicles in Type B or C or D1.

11- To obtain the driving license in Type D1, the drivers must have the driving license in Type B first.

12- To obtain the driving license in Type D2, the drivers must have the driving license in Type B or C or D1 first.

13- To obtain the driving license in Type E, the drivers must have the driving license in Type B or C or D1 or D2 first.

14- The drivers who have the driving license in Type E, can have the rights to drive the vehicles with trailers with the total weight over 0.75 tons in maximum based on the types of their driving licenses such as E(B) or E(C) or E(D1) or E(D2).


ARTICLE 42:

Valid duration of driving license is defined as below:

1. Driving license type A and B is valid until the holders reach the age of 65, but must conduct the medical check-up and extend the driving license every 5 years.

2. Driving license type C, D and E is valid for three years. The license holder shall extend the validity every three years after checking up their health to prove that they can drive.

3. Drivers who use all types of driving licenses as whose age are 65 years up, shall have their health check up every two years, and extend their driving license validity every two years.

ARTICLE 43:

Every driving license must have a score card with 12 marks. The mark shall be deducted when the drivers violate traffic regulations as follows:

a. 1 mark deducted:

- Drivers do not wear the safety seat belt or helmet.

- Using far light when there is another vehicles coming from opposite direction.

- Driving on the road line lying on the middle of the road.

- Driving over speed limit from 1 km per hour to 19 km per hour.

- Driving without enough technical light at night according to the types of vehicles.

- Overloaded the passengers.

b. 2 marks deducted:

- Driving over speed limit from 20 to 29 km per hour.

- Increasing speed while the other is overtaking.

- Turning right or left incorrectly

- Make a U-turn at the prohibited place

- Do not follow the criteria of driving license

- Turning right or left, or stopping without giving light or signal.

- Overtaking or passing incorrectly

- Driving without leaving enough security space

- Careless in driving, and disturbing other road users

- Do not use informing light when starting driving

- Vehicle lacks of technical standard

- Loading goods incorrectly

- Parking vehicle on zebra crossing

- Stopping or parking on the road dividing line.

- Leaving a child under 10 years old sitting in the front seat without adult sitting next to the child.

- Do not put the child under 5 years in the special child seat.

c. 3 marks deducted:

- Stopping or parking at a dangerous place

- Dangerous overtaking

- Overtaking at prohibited place

- Changing direction without informing

- Driving across the line in the middle of the road

- Driving over speed limit from 30 to 39 km per hour

- Driving while the driver has the alcoholic rate from 0.25 to 0.39 mg per liter of air or 0.50 to 0.79 g per liter of blood.

- Racing along the road where the law does not allow

- Mistake derived from stopping or do not give priority to pedestrians at zebra crossing.

- Do not obey red traffic light.

- Do not obey the stop sign or priority sign.

- Do not obey traffic order of the traffic police.

d. 4 marks deducted:

- Driving over speed limit from 40 to 49 km per hour.

- Do not obey driving priority right at junction.

- Driving side by side.

- Provoking traffic jam.

- Do not give priority to the vehicles with priority.

- Goods fell from vehicle.

- Driving in the wrong direction.

- Driving dangerously.

e. 6 marks deducted:

- Driving over speed limit starting from 50 km per hour.

- Driving while having alcoholic rate from 0.40 mg per liter of air or 0.8 g per liter of blood, or under the influence of drug.

- Escaping when involving in traffic accident.

- Using fake number plate or fake vehicle identification card.

- Driving without respecting traffic regulation and provoking traffic accident
unintentionally.

- Driving without respecting traffic regulation and provoking fatal accident unintentionally in case the driving license is postponed as stated in point 2, provision of article 65 of this law.

- Mistake from using the repeated driving license.

- Refuse from breathalyzing of the alcoholic rate or drug.

- Escaping from traffic police.

- Loading passengers on the dangerous goods.