DOI: 10.14457/tu.the.2017.679
title: Safety measures of the oil pipeline transportation business

description: Due to the expansion of an oil pipeline system in Thailand and proposed project networking to Myanmar and Laos, the method of oil transportation through pipelines will be more common; replacing the hundreds of oil transportation trucks to Northern and Northeastern. Although the several risks caused by tank trucks such as accidents, high fatality rates and maintenance costs of highway infrastructure will be relatively reduced, oil pipelines could lead to the hazard to health and environment in different ways. Since the pipelines need to be installed across, along or under roads, highways, railroads and populated areas, and oil is flammable and combustible, it is essential that we need to be aware of and prioritize the safety control of the pipeline transportation before the damage occurred. This thesis will focus on measures related to the safety of the oil pipeline transportation system. The term “safety” in this thesis means the absence of a situation which is likely to cause personal injury or cause damage to property and environment, including the absence of possibility to be endangered. To achieve the safety, we have to get rid of unsafe situations, then an injury or damage will consequently not occur. In a legal aspect, the legislation of preventive measures, monitoring measures and methods that control the safety can rule out any chance of unsafe situations which are likely to cause damage. In Thailand, the Fuels Control Act, B.E. 2542 which was amended by the Fuels Control Act (No. 2), B.E. 2550 is the main legislation governing the oil transportation by pipelines. This business is controlled by licensing system by the Department of Energy Business under the Fuels Control Act and the Ministerial Regulation on Fuels Business Operation, B.E. 2556. The licensee has to carry out the operation safely in compliance with Section 7 of the Fuels Control Act which authorizes the Minister of Energy to issue the ministerial regulations to determine the guidelines and the matters of technical details for the safety purpose. However, it is found that there are some defects in the current safety measures of the oil pipeline transportation. The author proposes recommendations by comparing with the Law of Canada which is the National Energy Board Act and the relevant regulations. The author also studies the Energy Industry Act, B.E. 2550 and comes up with the issues and solutions as follows.There are neither specific regulations that indicate the engineering standards on the oil pipeline transportation system nor the qualification of the tester and inspector. The design, construction, operation, maintenance and systems to prevent fire, explosion, lightning and oil leakage are currently guided by the foreign engineering codes and standards. The lack of ministerial regulation regarding the safety standards of oil pipeline results in the uncertainty of the engineering standards and insufficiency of legal enforcement. Moreover, the regulation regarding the qualified professionals who will conduct a test and inspection of premises and systems used with an oil pipeline has not been issued yet. This thesis proposes that the Minister of Energy should exercise power under the Section 7 of the Fuels Control Act to issue the ministerial regulations regarding these missing matters.The last issue of this thesis is to analyze the appropriation for the criteria of granting license or licensing conditions. In total, there should be the consideration of economic and financial matters in order to encourage the effectiveness of safety measures of the oil pipeline operation in whole aspects.