Section 385: Obstructing a public way

Firm annotation

Section 385 has five elements, and the last two decide most cases: (1) obstructing a public way, (2) so as to be liable to hinder the safety or the convenience of traffic, (3) by placing or abandoning anything or by any other means, (4) without lawful permission, and (5) the act being unnecessary. Permission takes the conduct out of the section altogether, and even an unpermitted obstruction is no offence if it was necessary, which protects the broken-down vehicle, the emergency unloading and the temporary blockage that could not be avoided. Element (2) is a risk test rather than a result test, so no accident and no actual delay need be proved; it is enough that the obstruction was liable to hinder safety or convenience. The penalty is a fine of up to 5,000 baht, with no imprisonment. The two provisions on either side divide the ground carefully. Section 386 names specific acts, digging a hole or a channel and erecting or placing an obstructive thing, and it catches even a person who had lawful permission if he neglected to display proper signals. Section 387 deals with things hung, installed or placed so that they are likely to fall onto the way, rather than things put on it. As a petty offence within Section 102, Section 104 removes any requirement of intention, Sections 105 and 106 exclude attempts and supporters, and prescription is one year under Section 95(5). The current rate was set by Section 6 of the Penal Code Amendment Act (No. 22) B.E. 2558.