Buses stopped in their tracks

OAG wants hands off scandal-hit NGVs

Any handling of 489 natural gas buses at the centre of an alleged false tax declaration investigation must stop pending the examination of their origin, Deputy Transport Minister Pichit Akrathit said, citing a recommendation by the Office of the Attorney-General (OAG).

Mr Pichit’s comment came after the Isra News Agency reported Deputy AttorneyGeneral Khemchai Chutiwongse, who also serves as acting attorney-general, having made the recommendation to Surachai Eamvachirasakul, director of the Bangkok Mass Transit Authority (BMTA).

According to the Isra News Agency, Mr Khemchai advised the BMTA to wait for the Customs Department’s probe into where the vehicles were produced and assembled.

Based on the contract between the BMTA and Bestlin Group, which was awarded the contract to supply the buses, the vehicles were to be produced in China and assembled at a plant run by R&A Commercial Vehicle Sdn Bhd in Malaysia.

However, the first 100 buses shipped into Thailand by Super Zara Co, which was handling the imports for Bestlin, were declared as being produced in Malaysia, but the Customs Department suspected the vehicles were likely produced and assembled in China.

The department has accused Super Zara of attempting to make the buses appear as though they were manufactured in and imported from Malaysia, to reap a tax-exemption benefit based on an Asean free-trade agreement.

According to Mr Khemchai’s recommendation, if it is found the origin of the vehicles does not correspond with the agreement, there is a risk that the contract would be nullified.

However, the BMTA may tinker with the contract to bring it into line with the BMTA’s regulations, which state that the signed contracts can only be amended when there is a need to either prevent the organisation from being put at a disadvantage or to benefit the organisation. Only the BMTA’s director has the authority to make changes.

Mr Pichit said the BMTA director told him he had not received an official reply on the matter from the OAG. In principle, Mr Pichit said, if the OAG replies in a way which was reported, the BMTA must comply and stop dealing with the 489 vehicles for the time being, pending the Customs Department’s investigation.

“As a matter of principle, I confirmed this issue must stick to the law. What the OAG says has to be complied with,” said Mr Pichit.

Mr Surachai echoed the deputy transport minister’s stance, saying the BMTA needs to follow the OAG’s recommendation. However, the suggestion must also be examined by the BMTA’s legal team to interpret it, he said.

After the BMTA receives the letter from the OAG, the BMTA’s panel responsible for procuring and checking the buses has to write to Bestlin to halt the delivery process, Mr Surachai said.

Mr Surachai said so far more than 100 buses have been sent to the Department of Land Transport for registration. Another 99 vehicles are still impounded at Laem Chabang port following the alleged false tax declaration.

Bestlin is facing a daily fine because of the delayed delivery of the 99 buses, Mr Surachai said.