Executive Council Resolution No. (32) of 2011

Regulating the Operation of

Abras 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. (6) of 1997 Concerning Contracts of Government Departments in the Emirate of Dubai and its amendments;

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. (35) of 2009 Concerning Management of the Public Funds of the Government of Dubai;

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

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

Do hereby issue this Resolution.

Definitions

Article (1)

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

Emirate:	The Emirate of Dubai.
RTA:	The Roads and Transport Authority.
DMCA:	The Dubai Maritime City Authority.
Chairman of the Board of Directors:	The chairman of the board of directors and executive director of the RTA.
Territorial Waters:	The territorial waters of the Emirate, including creeks and waterways in the Emirate.
Abra:	A traditional vessel propelled by an engine and/or oars and used to transport passengers from one place to another for a prescribed tariff.
Permit:	A document issued by the RTA which authorises an Abra to transport passengers on specific routes and lanes.
Station:	A place designated for passengers embarkation and disembarkation.
Port:	A place designated for Abras berthing and mooring.
Service Station:	A place designated for the maintenance of Abras.
Owner:	A natural or legal person having an Abra registered in his name as owner.
Operator:	A natural or legal person who operates and uses an Abra for transporting passengers.
Skipper:	A natural person who drives an Abra.

Duties of the RTA

Article (2)

For the purposes of this Resolution, the RTA will have duties and powers to:

1. regulate the operation of Abras and determine their routes within the Territorial Waters in coordination with the DMCA;

2. determine, supervise, and audit Stations, Ports, and Service Stations;

3. determine the number of Abras that are permitted to operate within the Territorial Waters;

4. own, lease, and charter Abras;

5. enter into partnerships with natural or legal persons to conduct activities related to passenger transport by Abras; and

6. construct, equip, own, take lease of, and rent Service Stations required for Abras maintenance and repair.

Permit

Article (3)

a. A natural or legal person is prohibited from operating an Abra in the Emirate without obtaining a Permit from the RTA.

b. The term of the Permit will be one (1) year renewable for the same period with the same conditions and requirements stipulated in this Resolution and its implementing bylaw.

Obligations of the Owner

Article (4)

An Owner must:

1. register the Abra with the DMCA; and

2. not transfer the ownership of the Abra to any other person without first obtaining the approval of the RTA and registering the same with the DMCA.

Obligations of the Operator

Article (5)

An Operator must:

1. obtain a Permit from the RTA;

2. provide the Abra with safety and navigation equipment, and maintain the same; and

3. ensure that the Skipper has the required qualifications and received the required training.

Obligations of the Skipper

Article (6)

A Skipper must:

1. operate an Abra only between the Stations and on the routes approved by the RTA;

2. use an Abra only for the purposes stated in its Permit;

3. take the necessary precautions to ensure the safety of navigation traffic in the event of Abra breakdown;

4. ensure the cleanliness and maintenance of the interior and exterior of an Abra;

5. protect the environment and maintain the safety of passengers;

6. display the tariff card in a prominent place; and

7. wear the uniform, and preserve personal hygiene and general appearance.

Obligations of Passengers

Article (7)

Passengers of an Abra must:

1. not smoke on board of an Abra or at Stations;

2. not carry any materials or items that may cause harm to other passengers or endanger their safety;

3. not act or behave in a way that may cause distraction to the Skipper or obstructs his vision while driving;

4. not commit any act that may result in polluting the interior or exterior of an Abra or a Station;

5. not sell or promote, by any means, merchandise on board an Abra or at a Station;

6. sit in the seats designated for passengers;

7. disembark from the Abra when requested by the Skipper or an inspector for any reason related to public safety;

8. not commit any act that may cause inconvenience to other passengers on board the Abra or at the Station;

9. pay the prescribed tariff and keep the ticket until the end of the trip; and

10. not misuse the subscription card issued by the RTA.

Delegation of Third Parties

Article (8)

The RTA may delegate any of its duties stipulated in this Resolution to third parties pursuant to an agreement concluded for this purpose. This agreement will provide for the obligations and duties of the parties thereto.

Revocation of the Permit

Article (9)

The RTA may, for regulatory reasons related to serving public interest, revoke the Permit and compensate the Owner for such revocation. The implementing bylaw of this Resolution will determine how to assess this compensation.

Tariff

Article (10)

a. The tariff for tourist transport by Abra will be determined as follows:

1. Engine-propelled Abra: one hundred and twenty Dirhams (AED 120.00) per hour; and

2. Oar-propelled Abra: sixty Dirhams (AED 60.00) per hour.

b. The tariff for non-tourist transport by Abra will be one Dirham (AED 1.00) per passenger.

c. The Chairman of the Board of Directors may, after obtaining the approval of the Department of Finance, amend the tariff referred to in paragraphs (a) and (b) of this Article.

Permit Issuance Fee

Article (11)

The RTA will charge the following fees for issuing or renewing Permits:

1. Engine-propelled Abra with a seating capacity of twenty (20) passengers or more: seven thousand Dirhams (AED 7,000.00).

2. Engine-propelled Abra with a seating capacity of less than twenty (20) passengers: five thousand Dirhams (AED 5,000.00).

3. Oar-propelled Abra: three thousand Dirhams (AED 3,000.00).

Penalties

Article (12)

a. Without prejudice to any stricter penalty stipulated in any other legislation, a person who violates any of the provisions of this Resolution or the bylaws issued in pursuance hereof will be punished by the fine indicated opposite that violation in Schedule (1) and Schedule (2) attached to this Resolution.

b. In addition to the penalty of a fine referred to in paragraph (a) of this Article, the RTA may take any of the following measures against a violating party:

1. suspend the Permit of the Abra for a period not exceeding thirty (30) days;

2. permanently revoke the Permit; and/or

3. suspend the licence of the Skipper for a period not exceeding thirty (30) days.

Law Enforcement Officers

Article (13)

Employees of the RTA nominated pursuant to a resolution of the Chairman of the Board of Directors will have the capacity of law enforcement officers to record the acts committed in violation of the provisions of this Resolution, its implementing bylaw, and the instructions issued in pursuance hereof. For this purpose, they may issue the necessary violation reports and seek assistance from police personnel.

Grievance

Article (14)

Any affected party may submit a written grievance to the Chairman of the Board of Directors against the decisions issued against him under this Resolution, within fifteen (15) days from the date of being notified of the contested decision. The grievance will be determined by a committee formed by the Chairman of the Board of Directors for this purpose, and the decision issued on the grievance will be final.

Bylaws and Instructions

Article (15)

The Chairman of the Board of Directors will issue the bylaws and instructions required for the implementation of the provisions of this Resolution including:

1. the requirements, conditions, and procedures required to regulate the operation and use of Abra, and the safety requirements for Abra passenger transport; and

2. the categories eligible for discounted tariff for tourist and non-tourist transport by the Abras owned by the RTA.

Payment of Fee and Fines

Article (16)

The fees and fines collected pursuant to this Resolution will be paid to the Public Treasury of the Government of Dubai.

Repeals

Article (17)

The above-mentioned Local Order No. (6) of 1998 is hereby repealed. Any provision in any other legislation will also be repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

Article (18)

This Resolution 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 16 October 2011

Corresponding to 19 Thu al-Qidah 1432 A.H.

Schedule (1)

Violations and Fines Related to Operating Abra

SN	Violation	Fine
1	Operating an Abra without a Permit	AED 3,000.00
2	Failure to provide the Abra with safety and navigation equipment, or failure to maintain the same	AED 1,000.00
3	Operating an Abra without a number plate	AED 300.00
4	Driving an Abra with an expired Permit	AED 300.00
5	Failure to produce the Permit when requested	AED 200.00
6	Using an Abra for other than the purposes stated in its Permit	AED 1,000.00
7	Failure to use the Stations and routes approved by the RTA for Abras	AED 1,000.00
8	Making any modifications in the specifications of an Abra or adding or removing any equipment on an Abra without prior approval from the RTA	AED 500.00
9	Failure to observe the direction of routes designated for transporting passengers between Stations	AED 500.00
10	Allowing passengers to embark on or disembark from an Abra at locations other than the Stations designated by the RTA	AED 500.00
11	Failure to moor an Abra along the quay of the Station	AED 500.00
12	Failure to observe the berthing and mooring spots at the Port	AED 300.00
13	Failure to ensure the cleanliness and maintenance of the interior and exterior of an Abra	AED 300.00
14	Driving an Abra recklessly or without due care and caution	AED 500.00
15	Non-compliance with the set speed limits	AED 1,000.00
16	Non-compliance with the maximum number of passengers allowed on board an Abra	AED 1,000.00
17	Overcharging Abra passengers in excess of the prescribed tariff	AED 500.00
18	Collecting the fare from passengers while an Abra is in motion	AED 300.00
19	Driving an Abra under the influence of alcohol, narcotics, or similar substances	AED 2,000.00
20	Failure to take the necessary precautions to ensure the safety of navigation traffic in the event of an Abra breakdown	AED 500.00
21	Staying overnight on board an Abra	AED 300.00
22	Smoking on an Abra	AED 500.00
23	Failure to wear the uniform, or to observe personal hygiene or general appearance	AED 500.00
24	Failure to protect the environment and ensure the safety of passengers	AED 1,000.00

Schedule (2)

Violations and Fines Related to Abra Passengers

SN	Violation	Fine
1	Smoking on an Abra or at a Station	AED 300.00
2	Carrying any materials or equipment that may cause harm to other passengers or endanger their safety	AED 1,000.00
3	Act or behave in any way that causes distraction to the Skipper or obstructs his vision while driving	AED 300.00
4	Commit an act that results in polluting the interior or exterior of an Abra or the Station	AED 500.00
5	Selling or promoting, by any means, merchandise on board an Abra or at a Station	AED 300.00
6	Failure to sit in the seats designated for passengers	AED 300.00
7	Refusal to disembark from an Abra upon the request of the Skipper or inspector for any reason related to public safety	AED 300.00
8	Committing any act that causes inconvenience to other passengers of an Abra or at the Station	AED 200.00
9	Failure to pay the prescribed tariff or to keep the ticket until the end of the trip	AED 200.00
10	Misusing the subscription card issued by the RTA	AED 200.00

[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.