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Phuket News & Events
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Phuket Opinion: Italy’s Honorary Consul – respect and enforce laws
Dr Francesco Pensato, 53, became the Honorary Consul of Italy for Phuket and Southern Thailand in May.
A director of the Thai-Italian Chamber of Commerce, Dr Francesco has degrees in Pharmacology, Pharmaceutical Chemistry and Sound Engineering, and is the CEO of World Pharm, JK Drinks and King manufacturing company.
Here, he talks about the most pressing problems facing Italian tourists and expats in Phuket.
PHUKET:
Official statistics indicate that around 250,000 Italian tourists visited Phuket last year and about 1,000 Italian expats are living on the island. The number of Italian tourists and expats in Phuket rises by more than five per cent each year.
Some expats are pensioners who are spending their retirement years in Phuket, but others have their own businesses and work here.
The food and beverage industry is a popular line of work for Italians, and there are many Italian chefs in Phuket and elsewhere in Thailand.
Italians have invested in, and/or are managing, more than 200 restaurants, hotels, resorts and guesthouses on the island.
Others are involved in real estate and construction companies.
However, we often hear about Italians working without a work permit and living in the Kingdom after their permit-to-stay has expired.
I would like the police and relevant government organizations to be strict on checking and arresting expats who illegally work and live in Thailand.
We are very willing to support the authorities in this matter.
At the same time, I also urge the authorities to take sterner action against tuk-tuk and taxi drivers who overcharge and cheat tourists.
We have received many formal complaints about the cost of public transport in Phuket.
Some specific complaints pointed out that some taxi drivers do not turn on the meter, and instead overcharge their passengers.
Ambassadors from European Union countries and honorary consuls have met the Phuket Governor to discuss the problems expats and tourists in Phuket face, and this was among them (story here).
We would like the Highways Police and the Phuket Land Transport Office to be stricter on these cheats.
I also think the new airport bus (story here) is a good choice for tourists wanting to avoid overcharging by taxi drivers.
Other issues raised by the European ambassadors were stricter enforcement of traffic laws and improved marine safety.
In total, there were 300 road accidents and marine incidents involving tourists last year.
The top cause of accidents was tuk-tuks, vans, motorbikes and cars being driven too fast.
The second most-common cause was tourists endangering themselves by riding motorbikes without helmets, drunk driving, not following traffic laws or not heeding lifeguards on the beaches.
Stricter enforcement of laws would help reduce the number of tourists injured or killed in accidents resulting from these behaviors.
In another development, we plan to have an Italian language and culture course added to a school curriculum this year, so Thai people can learn to speak Italian and make a living from Italian tourism.
We also hope to see this develop into a course at a university.
Most importantly, we would like to remind all Italian tourists and expats to please respect the laws and culture of Thailand.
We have decided to live here – so don’t forget that we are guests in this country.
Honorary Consulate of Italy for Phuket and South Thailand, Dr Francesco Pensato, 68/303 Moo 1, T. Chalong, A. Muang 83130, Phuket. Tel: 076-263923, Fax: 076-367153, Mobile: 088-7612637 (emergencies only).
Email: consolare.phuket@gmail.com
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Special Report: Anatomy of a Phuket taxi driver
Legally registering a car has been cited as the most difficult hurdle to becoming a legal taxi driver.
Special Report
The Department of Special Investigation (DSI) has opened an 'Organized Crime Center' at Phuket International Airport to crack down on illegal taxi drivers still operating there.
The move follows widespread allegations of mafia operating on the island and illegal taxi drivers overcharging tourists.
Here, the Phuket Gazette investigates what it takes to become a Phuket taxi driver.
PHUKET: -- There are currently 2,110 taxis legally registered to operate in Phuket; 129 of those are metered taxis. However, almost 1,000 more drivers continue to work illegally on the island, gleaning profit from freshly arrived tourists, often through outright gouging.
During the crackdown earlier this year, the Phuket Land Transport Office (PLTO) identified 2,882 illegal taxis in Phuket. The crackdown inspired a further 1,981 taxi drivers to apply to have their vehicles registered.
“The PLTO is currently processing those applications,” explained PLTO officer Jaturong Kaewkasi.
However, that means at least 900 taxi drivers are operating without having made any attempt to become legal.
“This is despite us granting them amnesty and helping them by negotiating with finance companies, banks and insurance companies to reduce the costs of re-registering their vehicles as private taxis in order to become legal drivers,” Mr Jaturong said.
Although the amnesty ended on April 30, drivers can still apply to register their vehicles as taxis and apply for their taxi drivers’ licenses, he added.
Along with the carrot came the stick. On May 1, police and PLTO officers were called upon to fine all drivers caught for “illegally operating a vehicle as a taxi”.
The fine levied was the flat maximum 2,000 baht for each infringement.
The enforcement enjoyed limited success. Phuket Provincial Police confirmed to the Gazette that across the island 170 drivers were each fined 2,000 baht in April for not applying to register their vehicles as taxis, while their counterparts who were still illegally operating taxis but who had applied to become legal, were let free.
A further 246 drivers were fined in May, and another 224 in June.
However, the penalty is no stiffer for repeat offenders. “We do not have stronger penalties for drivers who repeatedly break the law.
So far, the fine is 2,000 baht every time they are caught,” Mr Jaturong said.
THE CARS
Regardless of whether a taxi is fitted with a meter or not, the engine size must not be less than 1600cc. “It doesn’t matter which make or model of car it is, and there is no restriction on the maximum size of the engine,” Mr Jaturong explained.
The vehicle cannot be more than two years old at the time it is registered as a taxi, and cannot be used as a taxi after the vehicle turns nine years old from the date the car was first registered, he added.
Furthermore, there is no such thing as an independent taxi driver in Phuket. The car must be registered as working for a legally registered organization.
“This is a nationwide regulation so that the driver of each taxi can be identified and reached in case he does something wrong,” Mr Jaturong explained.
“The person registering the taxi must provide evidence that he works for a formal organization.
He can provide a signed agreement proving he works as part of a taxi co-operative, or an employment contract showing he works for a tourism business, such as a tour kiosk, or for some other form of legal entity,” he added.
Regardless, so-called “taxi groups” are not held accountable for their members’ actions, even if their members consistently break the law.
“If their drivers are involved in a crime, charges will be pressed against the driver, not the group,” Mr Jaturong said.
“If there are complaints against a driver, the group will resolve the issue themselves. They have their own rules to punish drivers, such as suspending the drivers from work.
The number of days’ suspension – and hence lost income – will depend on what the drivers have done wrong,” he assured.
THE DRIVERS
In order to carry passengers in a taxi, drivers must be Thai nationals, as ferrying passengers is a job prohibited to foreigners under the Alien Workers Act.
They must hold a commercial driver’s license, be at least 22 years old and also hold a valid standard driver’s license issued for five years.
Applicants must provide a medical certificate affirming they are free from leprosy, tuberculosis, elephantiasis, drug addiction and alcoholism.
And they must pass a test which takes place over a two-day period at the PLTO, during which applicants receive training in traffic law, basic English language, polite manners and common courtesy, Mr Konlayut said.
They also undergo an eyesight and reflex test.
As part of the process, police conduct a background check.
“Any applicants found to have served jail time for any crime will be rejected,” Mr Konlayut assured.
“However, repeat offenders, even for traffic offenses such as reckless driving, will be issued a license to drive a taxi in Phuket so long as they have not served a day in prison,” he added.
Once issued their license, on its large yellow card, the drivers must have it on display at all times while driving the taxi.
THE INSURANCE
Every vehicle being registered as a taxi must first have at least basic commercial insurance coverage, as stipulated by the national Office of Insurance Commission, before the PLTO will process its application.
The high cost of commercial insurance has been an ongoing point of dispute among many illegal taxi drivers in Phuket, who claim they cannot afford the rates.
To make insurance coverage more affordable, the PLTO directly engaged in negotiations with finance companies, banks and insurance companies on behalf of the drivers.
The result, after months of talks, was base policies starting at about 30,000 baht per annum.
“We know it can be expensive, but we have done the best we can – and this is a mandatory requirement for a vehicle to be registered as a taxi,” Mr Jaturong confirmed.
Yet Patong Police Traffic Inspector Ekkarat Plaiduang confirmed to the Gazette that his officers would not pursue charges against any driver found driving without the required insurance.
“Instead, we will report it to the insurance company and let them decide whether they want to file a complaint,’ Maj Ekkarat explained.
“If they do, we will charge not the driver. but the owner of the car with providing false information on an official document.
The penalty for that is a fine of up to 60,000 baht or up to three years in prison, or both,” he said.
Maj Ekkarat did not elaborate on what action police would take in case passengers, including tourists, are injured in an accident involving a taxi with inadequate insurance coverage.
THE AIRPORT
The ultimate goal of nearly every taxi driver on the island is to serve Phuket International Airport, which Chanchai Doungjit, chief of the Tourism Authority of Thailand (TAT) Phuket office, last month reported was the primary tourist gateway on an island that attracts about 11 million visitors per year.
Tourists pump an estimated 200 billion baht into the local economy, said Mr Chanchai. The consequence is that, for many taxi drivers in Phuket, the airport represents an easy avenue to hard cash.
To legally serve the airport, however, drivers must work for one of the taxi co-operatives that have signed a concession with the facility’s operator, Airports of Thailand (AoT).
Prakob Panyawai, managing director of Phuket Airport Limousine and Business Cooperative Ltd (PBC), explained that all cars serving the airport must be of a higher standard than regular taxis and the drivers must adhere to a dress and behavior code.
And drivers must pay the concession holders they work for, who in turn pay the AoT. Which concession they work for can affect their monthly take-home pay.
For example, Phuket Mai Khao Co, which operates 175 taxis and vans at the airport, must pay the AoT 1.3 million baht a month – requiring each driver to pay nearly 7,500 baht each month in dues. PBC, which operates 271 vehicles at the airport, owes the AoT 1.6mn baht a month – requiring each driver to pay about 5,900 baht a month.
Mr Prakob maintains that his drivers take home between 15,000 to 20,000 baht per month.
“They have to make payments on their own cars or pay a rental fee to use one of our fleet cars. Drivers who have only recently joined us also have to pay a 10,000 baht deposit against possible damage to the car they are driving,” he added.
“But the harder they work, the more they earn, and the more they get to take home,” he said.
phuket gazette
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Tiger Disco: date set for trial over lethal Phuket fire
PHUKET: More than than a year after a fatal blaze killed four people at Patong’s famous Tiger Disco nightclub on August 17 last year, the nightclub’s operators will be called to Phuket Court to enter a plea to charges of negligence causing death.
“Tiger Group CEO Piya Isaramalai and Sara Entertainment Co Ltd each face a charge under Section 291 of the Thai Criminal Code: Causing Death through Negligence. They also face charges of causing physical and mental injury and trading after hours,” Phuket Chief Public Prosecutor Chiengsean Panhya confirmed to the Phuket Gazette this week.
“The suspects were formally charged on July 10. The next court appearance will be on September 2,” Mr Chiengsean said.
On that day, the defendants will be called upon to enter a plea, he added.
“They will be also asked to explain what evidence they have to support their plea,” Mr Chiengsean explained.
Although the trial is to be held in Phuket, the case had to be approved by the Public Prosecutor’s regional head office in Surat Thani to present in court, he added.
The long-awaited trial comes after a series of delays in securing evidence, despite Thailand’s leading forensic police being dispatched from Bangkok to investigate the fire .
It also comes after a damning report by the Building Society Inspectors and Officers Association (BSA) and the Association of Siamese Architects (ASA), which cited failure by nightclub management to adhere to multiple fire-safety regulations.
The disco had improper placement of fire extinguishers and faulty emergency-exit ladders, and used a highly-flammable foam for wall and ceiling decorations, said the report .
Some of the emergency-exit ladders were found to be too short to reach the ground, which matches witness reports of individuals being forced to jump from the burning building.
The report also supported evidence that the decorations on the ceilings and walls of the building were made of highly flammable expanded polystyrene (EPS) foam, which is now illegal to use inside buildings.
The forensics report, months in coming, identified the cause of the fire as an electrical short circuit under the ceiling at the front of the building, Maj Gen Chonasit Wattanavrangkul, who was Provincial Police Commander at the time, confirmed with Patong Police.
“The spark set alight the ceiling and the wall, both of which were coated with highly flammable EPS foam,” he explained.
The popular night venue erupted into flames just before 4am, while hundreds of patrons were still inside (story here).
British tourist Michael Tzouvanni, 24, French tourist Emmanuel Becard, 30, and Thai nationals Duangporn Budklor, 34, and Nipaphat Sudtasorn, 36, all died in the inferno.
Days later, scores of people from Patong’s entertainment industry turned out at a memorial event to mourn those lost to the fire .
The legal counsel for Tiger Discotheque, Thamrongsak Boonrak, confirmed this week that Tiger Group CEO Piya Isaramalai posted bail on July 10.
“Mr Piya was allowed to post bail by the court on that day. We bailed him out with cash,” he said.
“It does not matter how much we paid to post bail. He is not going anywhere,” he added.
Mr Thamrongsak was confident in successfully defending the manslaughter charges, which carry a maximum penalty of up to 10 years in prison or a fine of up to 20,000 baht.
“We are not afraid to fight the charges because we are innocent. It was an accident,” he assured.
“We have all the evidence we need to prove that it was a lightning strike that night. It was not our fault at all,” he said.
Atipong Thongyon, chief of the PEA Patong office, on August 18 – the day after the fire – refuted allegations that the blaze was caused by an exploding transformer .
“We also have evidence to prove that the Patong office of the Provincial Electricity Authority is hiding from us,” Mr Thamrongsak alleged.
“They should check their power cables and poles for public safety. The electrical wires are all old; they better check and make it safe,” he said.
phuket gazette
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Canadian arrested in Patong for theft of B100,000 from Chiang Rai hotel
PHUKET: A Canadian hotel worker wanted on a charge of theft in Chiang Rai was arrested in Patong last night (August 18).
A warrant for David Peter Sundstrom, 39, formerly on the management team of a hotel in Thailand’s northern most province, was issued in June after the owner of the hotel accused him of stealing B100,000.
The hotel owner discovered that Sundstrom had rented a room in Nanai Rd.
Kathu police, accompanied by the owner, stopped Sundstrom as he rode a Honda CBR motorbike along the road at around 8pm.
He is currently being held in custody until arrangements can be made to send him back to Chiang Rai.
phuket news
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Phuket teaches Russian, Chinese and Korean tour operators how to be legal
Governor Maitri shakes hands with one of the attendees learning about work permits and employment law
PHUKET: -- The Phuket Employment Office yesterday launched a two-day series of seminars to educate Russians, Chinese and Koreans operating tourism-related businesses in Phuket about work permits and employment law regarding foreigners.
Phuket Governor Maitri Inthusut officiated the opening of the first seminar yesterday, attended by 100 foreign and Thai representatives working for tour operators that cater to Russians tourists.
Talks were delivered in Thai and related to attendees by translators.
Another seminar is being held today that will cater to Chinese and Korean tour operators.
“We want foreigners involved in business and working in Phuket to know the relevant Thai laws involved.
We want to teach them what is required and also hear about the problems they encounter,” Governor Maitri told the Phuket Gazette.
Governor Maitri explained that the three nationalities were chosen as they represented the leading source markets for inbound tourists to Phuket.
“We chose these nationalities because a lot of tourists from those countries come to Phuket, and these tourists do not speak English, so almost all of the tour operators catering to these markets hire their own native-speaking guides to serve them – and that is illegal,” he said.
By law, only qualified, registered Thai nationals may work as tour guides in Thailand.
“After this seminar, we expect the number of foreigners working illegally in Phuket to decrease,” Governor Maitri said.
Phuket Provincial Employment Office chief Yaowapa Pibulpol explained that the seminar covered the basics in the Foreign Business Act BE 2542, Working of Aliens Act BE 2551, Immigration Act BE 2522, Tourism Business and Guide Act BE 2535, Social Security Act BE 2533 and the Trade Associations Act BE 2509.
“When business owners know, understand and respect these laws, the number of people working illegally in Phuket’s tourism industry will decrease,” she said.
Phuket gazette
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