COMPENSATION IN THE EVENT OF A DELAYED TRAIN ARRIVAL

Abstract

This research studied regulations and policies relating to compensation in Thailand and abroad analyzed as well as suggested appropriate ways to determine the civil compensation to passengers and provide central inspection agency for a delayed train in Thailand. This study is a qualitative research which was conducted through documented research. The delay of the train according to the Regulation of Passenger and Baggage Delivery along the Railway, Volume 2, B.E. 2469, which is a specific regulation in Thailand, and KTM Policy in Malaysia, passengers are entitled to receive a full refund of their fare only after the train is delayed by 30 minutes, and the passenger has not yet boarded the train. However, Thailand does not have a clearly central agency to inspect cases of train delays since the relevant laws are in the process of asking relevant agencies to bring the matter to the Cabinet. Nevertheless, UK and the Netherlands require train companies to compensate their passengers as a percentage of their fare in proportion based on minutes of delay, and there is a clear inspection agency in case of train delays. The researcher proposes an amendment of such Regulation of Passenger and Baggage Delivery along the Railway, Volume 2, B.E. 2469 by granting passengers the right to compensation in percentage of the fare in proportion based on minutes of the delay, clearly defining duties and powers of the Department of Rail Transport in case of train delays, as well as arranging for the establishment of a fund or arranging for the State Railway of Thailand to be insured in case of train delays in order to use dividends, profits or compensation, as the case may be, to indemnify passengers.