Section 369 — Obstructing a public way or waterway
English translation
Whoever does any act that causes a public way or a public waterway to become obstructed so as to be liable to be an obstacle or a danger to traffic, and does not take reasonable measures to prevent an accident, shall be punished with a fine not exceeding five thousand baht.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
The elements are (1) an act that obstructs a public way or public waterway, (2) such that the obstruction is liable to impede or endanger traffic, and (3) a failure to take reasonable measures to prevent an accident. The offence is not the obstruction alone but the combination of creating a traffic hazard and neglecting reasonable safety precautions, so a person who obstructs but properly warns or safeguards traffic may fall outside it. As a petty offence in the closing Title of the Code, it protects public safety on shared ways and waterways and is punishable by fine only.
Why this matters in practice
The penalty is a fine of up to 5,000 baht, so this is a minor charge, but it often arises from construction spillover, parked or abandoned objects, and roadworks, and can run parallel to liability under traffic legislation. A practical defence is that reasonable warning or safety measures were in fact taken, since neglect of those measures is a distinct element of the offence. Anyone leaving material on a public road or waterway should mark and secure it; documenting warning signs, lights or barriers is usually enough to answer a complaint under this section.
Frequently asked questions
What does Section 369 punish?
Obstructing a public road or waterway so that it may impede or endanger traffic, combined with a failure to take reasonable measures to prevent an accident.
Is it enough just to block the road to be guilty?
No. The offence also requires failing to take reasonable measures to prevent an accident, so proper warning or safeguarding of traffic can defeat the charge.
What is the penalty under Section 369?
A fine of up to 5,000 baht; it is a petty offence with no imprisonment.