Regulation
No. (3) of 2008
Concerning
Use
and Licensing of Personal Watercraft in the Emirate of Dubai[1]
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We,
Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of
the Executive Council,
After perusal
of:
Law No. (3)
of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (17)
of 2005 Establishing the Roads and Transport Authority;
Law No. (18)
of 2006 Concerning the Management and Realisation of the Public Funds of the
Government of Dubai;
Executive
Council Resolution No. (8) of 2006 Establishing the Agencies Affiliated to the
Roads and Transport Authority and Approving their Corporate and Organisational
Structure; and
Local Order
No. (4) of 1998 Concerning Control of Use and Rental of Personal Watercraft in
the Emirate of Dubai,
Do
hereby issue this Regulation.
This Regulation will be cited as "Regulation
No. (3) of 2008 Concerning Use and Licensing of Personal Watercraft in the
Emirate of Dubai".
The following words and expressions will
have the meaning indicated opposite each of them unless the context implies
otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
RTA: |
The Roads and Transport Authority. |
|
Agency: |
The Marine Agency at the RTA. |
|
Competent Department: |
The Registration and Licensing Department of the
Agency. |
|
Personal Watercraft: |
Any motorised or steam-driven watercraft capable of
floating on and skimming over the surface of water, and intended for personal
use. |
No natural or legal person may use a Personal
Watercraft or conduct Personal Watercraft rental business without first obtaining
a licence from the RTA. A Personal Watercraft may only be used within the
maritime zones specified by the RTA.
Nevertheless, Personal Watercraft licensed by the competent authorities
in any emirate of the UAE may also be used within the maritime zones specified
by the RTA.
A Personal Watercraft driver must:
1. if under fourteen (14) years of age, be accompanied
by a guardian or qualified instructor;
2. be mentally and physically fit to drive
the Personal Watercraft;
3. be fully acquainted with the Personal
Watercraft operating and driving rules;
4. wear the special outfit for driving Personal
Watercraft, including a life jacket; and
5. comply with the safety conditions and
requirements stipulated in the implementing bylaw of this Regulation.
For the purposes of this Article, Personal
Watercraft rental offices will verify that individuals renting Personal
Watercraft meet the above conditions.
Personal Watercraft licensed pursuant to this
Regulation will be registered with the Agency.
An applicant for a licence for a Personal
Watercraft will fully insure the Personal Watercraft against accidents and
civil liability with an insurance company licenced in the Emirate.
The licence for individual use of Personal
Watercraft will be valid for two (2) years and the licence for companies and
rental offices to conduct the Personal Watercraft rental business will be valid
for one (1) year. A licence will be
renewed for the same period subject to the same conditions and requirements,
provided that an application for renewal is submitted to the Competent
Department within thirty (30) days from the date of expiry of the licence.
The licence holder will notify the Competent
Department before assigning or disposing of the licence by any means.
The Competent Department will issue temporary permits
for Personal Watercraft taking part in Personal Watercraft races in accordance
with the procedures specified by the implementing bylaw of this
Regulation.
The requirements and provisions stipulated in the
implementing bylaw of this Regulation will specify the maritime zones within
which it is permitted to use and rent Personal Watercraft and the conditions to
be satisfied in the zones designated for these activities.
The RTA will, in consideration of the services
it provides, collect the fees stipulated in Schedule (1) attached to this
Regulation.
1. Without prejudice to any stricter
penalty stipulated in any other legislation, a person who violates the
provisions of this Regulation or its implementing bylaw will be subject to the
penalties stipulated in Schedules (2) and (3) attached to this Regulation. Fines prescribed for committing a violation
for a third time will be doubled if the same violation is committed for a
fourth or subsequent times within one (1) year.
2. The RTA may, in coordination with the
competent local departments and authorities, take one or more of the following measures against the violator:
a. suspend the commercial licence temporarily or permanently; and/or
b.
close down
the rental office.
1. The Agency will be authorised to set
the conditions and instructions required to control, inspect, and search Personal
Watercraft rental offices and sites and the Personal Watercraft of these
offices to verify compliance with the conditions and specifications stipulated
in this Regulation and its implementing bylaw.
2. Employees of the Agency will have the
capacity of law enforcement officers to record the acts and violations
committed in breach of the provisions of this Regulation and its implementing
bylaw. For this purpose, they may issue the necessary violation reports and
fines and seek the assistance of police and coastguard personnel.
The fees and fines stipulated in this
Regulation will be paid to the RTA.
An owner of a Personal Watercraft rental
office may file grievance regarding the penalty imposed on his office within
two (2) weeks from the date of serving the penalty notice on the owner. The
grievance will be made by submitting a grievance petition to the committee formed
by the Agency for this purpose. The committee
will determine the grievance within fifteen (15) days from the date of its
submission.
Owners of Personal Watercraft to whom this
Regulation applies will adjust their status to conform to the provisions of this
Regulation no later than two (2) months from the date on which it comes into force.
The Chairman of the Board of Directors and the
Executive Director of the RTA will issue the implementing bylaw of this
Regulation which will set the conditions, requirements and specifications for
licensing and registering Personal Watercraft, and other issues stipulated in
this Regulation.
Local order No. (4) of 1998 Concerning Control
of Use and Rental of Personal Watercraft in the Emirate of Dubai will be
repealed, and any provision in any other legislation will also be repealed to
the extent that it contradicts the provisions of this Regulation.
This Regulation will be published in the
Official Gazette and will come into force on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 17 June 2008
Corresponding to 13 Jumada al-Thaniyah 1429 A.H.
|
Fees in Dirhams |
Description |
SN |
|
5,000 |
New licence/ renewal of the licence of a Personal
Watercraft rental office |
1 |
|
500 |
New licence/ renewal of the licence of a Personal
Watercraft owned by an individual |
2 |
|
3,000 |
New licence/ renewal of the licence of a Personal Watercraft
owned by a rental office. |
3 |
|
1,000 |
New licence/ renewal of the licence of an instructor
working with a rental office |
4 |
|
200 |
Technical testing of a Personal Watercraft |
5 |
|
500 |
Technical testing of a racing Personal Watercraft |
6 |
|
Third Occurrence |
Second Occurrence |
First Occurrence |
Violation |
SN |
|
AED 1,500 + Seizure of Personal Watercraft till the registration
card is issued |
AED 1,000 + Seizure of Personal Watercraft for one
(1) month |
AED 500 + Seizure of Personal Watercraft for two (2)
weeks |
Driving a Personal Watercraft without licence |
1 |
|
AED 600 |
AED 400 |
AED 200 |
Failure to wear the life jacket |
2 |
|
AED 1,500 + Seizure of Personal Watercraft for one (1)
month. |
AED 1,000 |
AED 500 |
Failure to abide by the zones specified for driving Personal
Watercraft |
3 |
|
AED 1,500 |
AED 1,000 |
AED 500 |
Unsafe, reckless, or careless driving |
4 |
|
AED 600 + Seizure of Personal Watercraft until
registration card is renewed |
AED 400 + Seizure of Personal Watercraft for two (2)
weeks |
AED 200 |
Driving a Personal Watercraft with a registration
card expired for more than one (1) month |
5 |
|
AED 1,500 + Seizure
of Personal Watercraft for two (2) weeks |
AED 1,000 + Seizure of Personal Watercraft for one (1)
week |
AED 500 |
Exceeding the passenger capacity of the Personal
Watercraft |
6 |
|
AED 600 + Seizure
of Personal Watercraft for two (2) weeks |
AED 400 + Seizure
of Personal Watercraft for one (1) week |
AED 200 |
Driving the Personal Watercraft by a person under the
legal age or without an adult companion |
7 |
|
AED 1,500 + Seizure
of Personal Watercraft for one (1) week |
AED 1,000 + Seizure
of Personal Watercraft for one (1) week |
AED 500 |
Failure to abide by the timings specified for
driving Personal Watercraft |
8 |
|
AED 900 + Seizure
of Personal Watercraft for two (2) weeks |
AED 600 + Seizure of Personal Watercraft for one (1)
week |
AED 300 |
Use of the Personal Watercraft for purposes other
than those for which it is intended |
9 |
|
AED 900 + Seizure
of Personal Watercraft for two (2) weeks |
AED 600 + Seizure of Personal Watercraft for one (1)
week |
AED 300 |
Emission of black smoke from the Personal Watercraft
exhaust |
10 |
|
AED 1,500 + Seizure of Personal Watercraft for one (1)
month |
AED 1,000 + Seizure
of Personal Watercraft for two (2) weeks |
AED 500 + Seizure of Personal Watercraft for one
week |
Driving the Personal Watercraft under the influence
of alcohol, narcotics, or similar substances
|
11 |
Schedule No. (3)
Violations and Fines Related to Personal Watercraft
Rental Offices
|
Third Occurrence |
Second Occurrence |
First Occurrence |
Violation |
SN |
|
AED 6,000 |
AED 4,000 |
AED 2,000 |
Conducting Personal Watercraft rental business without
licence |
1 |
|
AED 900 + Seizure of Personal Watercraft until
registration card is issued |
AED 600 + Seizure of Personal Watercraft for two (2)
weeks |
AED 300 + Seizure of Personal Watercraft for one (1)
week |
Failure to register/ renew the licence of a Personal
Watercraft for more than one (1) month
after its expiry |
2 |
|
AED 600 |
AED 400 |
AED 200 |
Failure to renew the licence of an instructor |
3 |
|
AED 600 |
AED 400 |
AED 200 |
Failure to maintain in the rental office the
signboards and maps for areas designated for the Personal Watercraft rental
business |
4 |
|
AED 1,500 |
AED 1,000 |
AED 500 |
Renting a Personal Watercraft to a person under the
legal age |
5 |
|
AED 6,000 + Seizure of Personal Watercraft for two (2) weeks |
AED 4,000 + Seizure of Personal Watercraft for one (1) week |
AED 2,000 + Suspension of the business in the unlicensed site |
Non-compliance with the sites designated for Personal
Watercraft rental business |
6 |
|
AED 3,000 + Submission of documents within one (1) week |
AED 2,000 + Submission of documents within one (1) week |
AED 1,000 + Submission of the documents within one week |
Failure to maintain books and legal records of Personal
Watercraft, and names and personal
data of instructors and customers |
7 |
|
AED 300 + Seizure of Personal Watercraft until the number
plate is affixed |
AED 200 + Seizure of Personal Watercraft until the number
plate is affixed |
AED 100 + Seizure of Personal Watercraft until the number
plate is affixed |
Personal Watercraft number plate is not affixed or numbers
effaced |
8 |
|
AED 1,500 + Seizure of Personal Watercraft for two (2) weeks |
AED 1,000 + Seizure of Personal Watercraft for one (1) week |
AED 500 |
Allowing persons to drive Personal Watercraft
without wearing life jackets, or unavailability of life jackets in the rental
site |
9 |
|
AED 1,500 + Seizure of Personal Watercraft for two (2) weeks |
AED 1,000 + Seizure of Personal Watercraft for one (1) week |
AED 500 |
Failure to stop reckless Personal Watercraft drivers
immediately |
10 |
|
AED 1,500 + Seizure of Personal Watercraft for two (2) weeks |
AED 1,000 + Seizure of Personal Watercraft for one (1) week |
AED 500 |
Exceeding the Personal Watercraft passenger capacity
|
11 |
|
AED 1,500 + Seizure of Personal Watercraft for two (2) weeks |
AED 1,000 + Seizure of Personal Watercraft for one (1) week |
AED 500 |
Performing maintenance or repair of Personal
Watercraft in the rental sites |
12 |
|
AED 1,500 + Seizure of Personal Watercraft for two (2) weeks |
AED 1,000 + Seizure of Personal Watercraft for two (2) weeks |
AED 500 |
Use of Personal Watercraft for purposes other than
those for which it is intended |
13 |
|
AED 1,500 + Suspension of the Personal Watercraft licence for
one (1) week |
AED 1,000 + Suspension of the Personal Watercraft licence for
one (1) week |
AED 500 + Suspension of the Personal Watercraft licence for
one (1) week |
Emission of black smoke from the Personal Watercraft
exhaust |
14 |
|
AED 3,000 fine
for the company + Prohibiting the person from
driving Personal Watercraft |
AED 2,000 fine for the company + Prohibiting the person from
driving Personal Watercraft |
AED 1,000 fine for the company + Prohibiting the person from driving
Personal Watercraft |
Allowing a person to drive a Personal Watercraft under
the influence of alcohol or narcotics |
15 |
© 2014 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort has been made to produce an accurate and complete English
version of this legislation. However,
for the purpose of its interpretation and application, reference must be made
to the original Arabic text. In case of
conflict the Arabic text will prevail.