Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai

Law No. (11) of 2010

Concerning the Licensing of

Vessels in the Emirate of Dubai^{^[1]}

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Law No. (17) of 2005 Establishing the Roads and Transport Authority;

Law No. (11) of 2007 Establishing the Dubai Maritime City;

Executive Council Resolution No. (8) of 2006 Establishing the Agencies Affiliated to the Roads and Transport Authority and Approving their Corporate and Organisational Structures;

Regulation No. (2) of 2007 Regulating the Operation of Water Buses on Dubai Creek;

Regulation No. (3) of 2008 Concerning Use and Licensing of Personal Watercraft in the Emirate of Dubai; and

Local Order No. (6) of 1998 Regulating the Operation of Small Passenger Boats (Abras) on the Dubai Creek and its amendments,

Do hereby issue this Law.

Article (1)

This Law will be cited as “Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai”.

Article (2)

The following words and expressions, wherever mentioned in this Law, will have the meaning indicated opposite each of them unless the context implies otherwise:

UAE:	The United Arab Emirates.
Emirate:	The Emirate of Dubai.
DMCA:	The Dubai Maritime City Authority.
RTA:	The Roads and Transport Authority.
Vessel:	Any vessel of any type or structure whatsoever operated on the territorial waters and watercourses of the Emirate to transport Passengers or Goods for personal, commercial, sports, or tourism purposes.
Maritime Transport:	An activity that involves transporting Passengers or Goods from one place to another in the Emirate using a Vessel.
Group Maritime Transport:	An activity that involves group transport of Passengers, for a fee, from one place to another in the Emirate using a Vessel.
Passenger:	Any person using a Vessel to travel from one place to another.
Goods:	Any livestock, agricultural, or industrial materials, equipment, or things; raw materials; or other materials, whether in liquid, solid, or gaseous state, which are transported by a Vessel within the Emirate.

Article (3)

This Law aims to regulate the licensing and inspection of Vessels operating in the Emirate and to regulate Maritime Transport with a view to ensuring the highest level of security, safety, and environmental protection; and the provision of the highest quality Passenger and Goods transport services, in furtherance of the objectives and requirements of economic development in the Emirate.

Article (4)

The DMCA will have the duties and powers to:

1. conduct technical inspection of Vessels;

2. license and register Vessels after verifying their compliance with the technical specifications approved by the DMCA;

3. license masters and crew members of Vessels;

4. control, and conduct technical inspections of, all Vessels operating in the Emirate, including their masters and crew members, to ensure that they are in compliance with the relevant standards, requirements, and regulations determined by the DMCA, including safety regulations, and environmental requirements such as the thermal and carbon emission rates permitted by concerned entities;

5. establish the technical requirements and specifications for Vessels authorised for conducting various maritime activities;

6. establish the standards, requirements, and regulations relating to conducting technical inspection, and to Vessel monitoring and inspection;

7. manage, in coordination with the concerned Government entities in the Emirate, the anchorage and berthing facilities of Vessels;

8. determine, in coordination with the RTA and other concerned Government entities in the Emirate, the main lines of the Maritime Transport network in the Emirate, and determine the routes and areas where maritime activities are allowed and maximum speed limits;

9. create data records of licensed Vessels, and of persons and entities licensed to conduct maritime activities in the Emirate;

10. issue bylaws related to Vessel security and safety standards and requirements, including Passenger security and safety standards and systems, in accordance with the relevant international standards. These bylaws must cover:

- life-saving equipment;

- firefighting equipment; and

- marine navigation equipment;

11. assess the condition of Vessels and all their technical fittings and verify their compliance with the approved standard specifications before issuing licences for such Vessels;

12. prepare, in coordination with the concerned Government entities, a navigation signals and lights technical specifications manual to manage marine navigation in the Emirate;

13. regulate all legal dispositions of Vessels, including sale and mortgage; and

14. oversee the work of Vessel manufacturers and maintenance companies to ensure their compliance with the standards and specifications approved by the DMCA.

Article (5)

a. The RTA will manage Group Maritime Transport. For this purpose, it may:

1. study, plan, design, operate, and regulate Group Maritime Transport operations in the Emirate, including the operation of Vessels to transport Passengers within the Emirate or between the Emirate and other emirates; and establish anchorage, berthing, and maintenance facilities, and other facilities that enable the RTA to perform these duties;

2. grant permits to companies and corporations to conduct Group Maritime Transport activities in the Emirate, using their own Vessels or those chartered to them by the RTA;

3. determine, in coordination with the DMCA, the Group Maritime Transport lines and routes, the areas where Group Maritime Transport is permitted, and the maximum speed limits on such routes; and

4. establish the requirements and conditions that must be met by the Vessels used in Group Maritime Transport in order to ensure the safety of Passengers, and monitor compliance with such requirements and conditions in accordance with the relevant legislation approved by the RTA.

b. The DMCA will regulate Maritime Transport for all purposes other than those referred to in paragraph (a) of this Article in accordance with the provisions of this Law and the relevant legislation in force.

Article (6)

No person may operate any Vessel to conduct a maritime activity in the Emirate without first obtaining the relevant licence from the DMCA.

The implementing bylaw of this Law will specify the licensing conditions and procedures, and the validity of licences.

Article (7)

a. All Vessels, including those owned by Government entities, must be licensed and registered with the DMCA in the relevant registers and records.

b. A Vessel may not operate in the Emirate unless it is registered and licensed by the DMCA and unless it carries the relevant documents prescribed by the DMCA.

c. Without prejudice to any security, safety, or environmental protection requirements, the provisions of paragraphs (a) and (b) of this Article will not apply to:

1. Vessels owned by the Dubai Police General Headquarters and the Dubai Civil Defence;

2. Vessels licensed and registered outside of the Emirate that are authorised to enter the Emirate; and

3. any other Vessels determined by the Chairman of the Executive Council.

Article (8)

a. A Vessel may not be registered or licensed in the Emirate and a Vessel licence may not be renewed, without first submitting an insurance contract issued by an insurer licensed to operate in the Emirate covering the term of the licence. The insurance must cover the liability of the owner of the Vessel for the damage that may be sustained by third parties as a result of operating the Vessel.

b. A Vessel registered outside of the UAE may not enter the territorial waters of the Emirate without first submitting an insurance contract covering its liability for any damage it may cause in the Emirate.

Article (9)

Each Vessel will have a number plate which displays its registration number with the DMCA. This plate may not be altered or replaced without the approval of the DMCA.

The DMCA will determine the specifications and measurements of such number plates.

Article (10)

All legal dispositions of Vessels must be registered with the DMCA, failing which such legal dispositions will be null and void.

Article (11)

a. If the owner of a Vessel wishes to strike it off the register or decommission it, he must notify the DMCA in writing prior to the date of expiry of its licence and surrender the licence and number plate of the Vessel to the DMCA.

b. The DMCA may strike off, deregister, and withdraw the number plate, of a Vessel if it is proven unseaworthy.

Article (12)

The training of persons to navigate Vessels will only be provided by training centres licensed for this purpose by the DMCA.

The implementing bylaw of this Law will determine the rules, conditions, and requirements for the licensing of training centres and the activities they may conduct for purposes of providing theoretical and practical training and qualification for persons wishing to obtain permits to navigate Vessels.

Article (13)

a. No person may navigate a Vessel unless he is a holder of a valid permit authorising him to do so. The master of a Vessel must carry his permit during navigation.

b. No owner of a Vessel may allow a person to navigate such Vessel unless that person holds the appropriate permit in accordance with the provisions of this Law and its implementing bylaw.

c. The provisions of paragraph (a) of this Article will not apply to police and civil defence personnel navigating the Vessels of their departments while on duty, provided that they hold the relevant authorisations issued by their departments.

Article (14)

The implementing bylaw of this Law will set forth the provisions governing the licensing of masters and crew members of Vessels, including those related to:

a. categories; validity; and requirements for the issuance, renewal, and replacement of mariner’s permits;

b. authorisations for navigating Vessels, their validity, and the requirements of issuance and renewal of the same; and

c. international mariner’s permits.

Article (15)

The DMCA may suspend a master mariner’s permit or the permit of any crew member of a Vessel if it is proven to the satisfaction of the DMCA that the holder of such permit has ceased to meet any of the prescribed eligibility requirements for holding that permit.

Article (16)

When conducting technical inspection of Vessels, the DMCA will:

1. conduct technical surveys of all Vessels for the purpose of issuing or renewing their licences to verify their compliance with the manufacturer’s specifications and the Vessel safety standards;

2. approve the surveys related to the manufacture and conversion of Vessels designed and manufactured in the Emirate, and monitor and inspect their manufacturing plants; and

3. compile information and statistical data related to all types of Vessels.

Article (17)

No entity may conduct the activity of chartering Maritime Transport Vessels in the Emirate without first obtaining the relevant licence from the DMCA. The implementing bylaw of this Law will determine the conditions and requirements for issuing such licence.

Article (18)

The DMCA will charge fees for the services provided and licences issued in accordance with the provisions of this Law. The amount of such fees will be determined by the implementing bylaw of this Law.

Article (19)

Without prejudice to any stricter penalty stipulated in any other law, a person who violates the provisions of this Law will be punished by a fine of no less than one thousand Dirhams (AED 1,000.00) and no more than fifty thousand Dirhams (AED 50,000.00). Upon repetition of the same violation within one (1) year from the date of the previous violation, the amount of the fine will be doubled. A fine must not exceed one hundred thousand Dirhams (AED 100,000.00).

In addition to the penalty of a fine stipulated herein, the DMCA may take one or more of the following measures against a violating entity:

1. seizure of the Vessel;

2. suspension of the licence for a period not exceeding six (6) months; and/or

3. revocation of the licence.

The implementing bylaw of this Law will determine the acts deemed as violations of its provisions and the penalties prescribed for each violation.

Article (20)

Employees of the DMCA nominated by a resolution of the Executive Chairman of the DMCA will have the capacity of law enforcement officers to record the acts committed in breach of the provisions of this Law and the bylaws and resolutions issued in pursuance hereof. For this purpose, they may issue the necessary violation reports.

Article (21)

The DMCA may authorise any corporation or company to perform the technical testing and inspection of Vessels and their masters and crew members pursuant to an agreement concluded for this purpose. This agreement will provide for the obligations of the corporation or company, the specifications to be observed by it when conducting the tests and inspections, and the financial rights of the DMCA.

Article (22)

Pursuant to this Law, all duties and powers of the RTA in relation to licensing Vessels, and all relevant data and records, will be transferred to the DMCA. Furthermore, RTA employees in charge of licensing Vessels will be transferred to the DMCA to the extent required to meet the needs of the DMCA.

Article (23)

All persons and entities to whom the provisions of this Law apply must comply with its provisions within a period not exceeding one (1) year from the date on which this Law comes into force.

Article (24)

The Chairman of the Executive Council of the Emirate of Dubai will issue the implementing bylaw of this Law.

Article (25)

Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Law.

Article (26)

This Law will be published in the Official Gazette and will come into force on the day on which it is published.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 7 June 2010

Corresponding to 24 Jumada al-Thaniyah 1431 A.H.

[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.