Administrative
Resolution No. (28) of 2012
Determining
the Conditions and Rules for
Operation
of Small Passenger Boats (Abras) in the Emirate of Dubai[1]
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The Chairman
of the Board of Directors and Executive Director of the Roads and Transport
Authority,
After
perusal of:
Law
No. (17) of 2005 Establishing the Roads and Transport Authority;
Executive
Council Resolution No. (13) of 2010 Approving the Organisational Structure of
the Roads and Transport Authority; and
Executive
Council Resolution No. (32) of 2011 Concerning the Operation of Small Passenger
Boats (Abras) in the Emirate of Dubai,
Does hereby
issue this Resolution.
The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
RTA: |
The Roads and Transport Authority. |
|
DMCA: |
The Dubai Maritime City Authority. |
|
Chairman: |
The chairman of the Board of Directors and Executive Director of the
RTA. |
|
CEO: |
The chief executive officer of the Public Transport Agency of the RTA. |
|
Operation Zone: |
A zone in which an Abra is permitted to operate. |
|
Abra: |
A traditional vessel propelled by an engine and/ or by oars and used
to transport passengers from one place to another for a prescribed fare. |
|
Permit: |
A document issued by the RTA authorising an Abra to transport passengers
on specific lines and routes. |
|
Station: |
A place designated for passenger 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 navigates an Abra. |
Without prejudice to the
liability of Operators and Skippers for ensuring the safe operation of Abras
and the safety of passengers, a Skipper must:
1.
not
allow more than the maximum allowed number of passengers to board the Abra;
2.
not
allow passengers to stand or change their seats while navigating the Abra;
3.
collect
the fare from passengers at Stations;
4.
berth
the Abra at the Port determined by the RTA;
5.
maintain
the Abra at the Service Station determined by the RTA;
6.
comply
with the prescribed fare;
7.
maintain
the Permit and the Abra driving permit at all times;
8.
not
exceed the prescribed maximum speed limits within Operation Zones;
9.
treat
passengers with courtesy and refrain from mistreating them; and
10. assist passengers from among the elderly, women,
children, and persons with special needs.
Owners and Operators must
ensure that Abras are equipped with the technical fittings set out in Schedule
(1) and Schedule (2) attached hereto, and that such fittings are in a good
working condition.
The RTA will issue or renew a
Permit once the applicant provides the following:
1.
a
copy of the Abra registration certificate issued by the DMCA;
2.
a
copy of the valid passport and family book (Khulasat Qaid) of the Owner;
3.
proof
that no fines are imposed on the Abra;
4.
the
original expired Permit;
5.
a
copy of the valid passport and work permit of the Skipper(s);
6.
an
undertaking that the Abra will not be in service until the settlement of all
issues related to the persons working thereon;
7.
an
insurance policy for the Abra valid throughout the term of the Permit;
8.
proof
of updating the relevant details on the maritime transport system; and
9.
proof
of payment of the prescribed fees.
The RTA my revoke a Permit in
any of the following cases:
1.
where
more than four (4) fines are imposed on the Abra in a year;
2.
where
the Owner refrains from complying with the RTA instructions;
3.
where
the Abra is abandoned at a Port for more than three (3) months;
4.
where
the Abra is not replaced or rebuilt after the lapse of one (1) year from the
date on which it burns, sinks, or becomes unseaworthy; or
5.
where
the public interest requires the RTA to directly provide the service of
passenger transport by Abras, in which case, Owners of Abras will be paid a
fair compensation calculated based on the current market value of Abras.
A Permit will be revoked as per
the following procedures:
1.
The
CEO will present a report and recommendation to the Chairman to approve the
revocation of the Permit.
2.
Upon
approval by the Chairman, the Owner of the Abra will be informed in writing of
the RTA decision and will be given a period of fifteen (15) days to file a
grievance, otherwise the RTA decision will become final.
3.
The
Chairman will form a committee to consider the grievances submitted to the RTA
in respect of revocation of Permits. The committee will issue its decision on a
grievance within fifteen (15) days from the date of its submission. The
decision of the committee in respect of the grievance will be final.
4.
The
DMCA will be informed of the Permit revocation to deregister the Abra.
5.
The
Owner of an Abra whose Permit is permanently revoked must remove the Abra from the Operation Zone within one (1)
month from the date on which the revocation decision becomes final, otherwise,
the RTA may remove, at the Owner’s expense, the Abra; impound the Abra at the
place it determines; and dispose thereof in any manner it deems appropriate.
Ownership of an Abra will be
transferred as per the following procedures:
1.
The
sale contract must be approved by the RTA, attested by a notary public, and
documented with the DMCA.
2.
A
new certificate of registration will be obtained from the DMCA in the name of
the new Owner.
3.
The
latest original Permit must be provided.
4.
A
copy of the passport and family book (Khulasat Qaid) of the new Owner must be
provided.
5.
The
original passport and work permit of the Skipper (Skippers) must be provided.
6.
The
relevant details must be updated on the maritime transport system.
7.
An
insurance policy valid throughout the term of the Permit of the Abra must be
submitted.
8.
The
prescribed fees must be paid.
a.
The
operation of an Abra will be suspended in any of the following cases:
1.
where
the Permit is not renewed;
2.
where
the hull of the Abra is cracked in a way that may lead to water leakage into it;
3.
where
the carbon emissions from the engine of the Abra exceed the permitted levels;
4.
where
engine oils and fuel leak from the Abra;
5.
where
the safety equipment is not maintained or is no longer valid; or
6.
where
the appearance of an Abra is modified without the approval of the RTA.
b.
An
Abra may be permitted to resume operating within an Operation Zone where the
grounds for suspension cease to exist and the technical inspection is conducted
by the DMCA employees.
a.
A
Skipper may be suspended from work in any of the following cases:
1.
where
his driving licence is expired;
2.
where
he operates in Stations and on routes without the authorisation of the RTA;
3.
where
he fights with and assaults other Skippers or passengers;
4.
where
he recklessly navigates the Abra or exceeds the maximum allowed speed limit;
5.
where
he allows more than the maximum allowed number of passengers to board the Abra;
or
6.
where
he overcharges passengers beyond the fare prescribed by the RTA.
b.
A
Skipper will be permanently suspended from work if he operates the Abra under
the influence of alcohol or narcotics.
A Service Station may be used
for maintaining an Abra subject to the following:
1.
An
application must be submitted by the Owner, Operator, or Skipper to the RTA
inspectors office in which the defect to be maintained, and the requested
period of maintenance, are stated.
2.
The
Skipper's driving licence must be handed over to the RTA inspectors and will be
returned to him after the completion of maintenance.
3.
Safety
and the environment must be preserved at the Service Station; and its offices,
warehouses, and equipment must not be tampered with.
4.
The
Abra must be taken out of the Service Station once maintenance is completed.
A Port may be used subject to
the following:
1.
The
electric switches of the Abra must be disconnected and its fuel valves must be
closed.
2.
The
Abra must be safely anchored taking into consideration the condition of the sea.
3.
The
Abra must be free of any problem that may lead to water leakage into it.
4.
The
materials and equipment left on board
of the Abra must be securely fastened.
5.
The
safety and environment must be preserved within the Port.
6.
The
Skipper of the Abra must not sleep on-board the Abra.
A twenty-five percent (25%)
discount off the Abra fare will be granted on the Abras owned by the RTA to the
following categories of passengers:
1.
the
elderly and persons with special needs;
2.
licensed
charitable associations;
3.
public
and private universities, colleges, and schools;
4.
government
departments, authorities, and corporations;
5.
tourist
companies and agencies that conclude mutual cooperation agreements with the
RTA; and
6.
RTA
employees and their families.
Fines for the violations issued
electronically or on the spot will be paid as follows:
1.
A
fine for a violation related to an Abra will be paid at any of the customer
service centres of the RTA.
2.
A
fine for a violation related to a passenger will be paid directly to the
inspector against a payment receipt.
3.
The
inspector will pay the collected fines to the RTA on the same or following day
of collection.
The CEO will issue the instructions required
for the implementation of the provisions of this Resolution
This Resolution comes into
force on the day on which it is issued, and will be published in the Official
Gazette.
Mattar Al
Tayer
Chairman of the Board of Directors and Executive Director
Issued in Dubai on 15 January 2012
Corresponding to 21 Safar
1433 A.H.
|
SN |
Description |
Abras whose length is 26 feet or less |
Abras whose length is 26 to 36 feet |
|
1 |
Life
jackets compatible with the international standards for all passengers and the
Skipper |
The number stated in the certificate of
registration |
|
|
2 |
Life
buoy attached to the Abra with a floating rope that is at least fifteen (15)
meters long |
1 |
2 |
|
3 |
Powder
fire extinguisher |
One (1) fire extinguisher weighing two (2) kg |
One (1) fire extinguisher weighing four (4) kg |
|
4 |
Fire
detection and suppression system for closed engine rooms |
1 |
|
|
5 |
Manual
or mechanical steering system |
1 |
|
|
6 |
Multilingual
instructions sign on safety and environment protection |
1 |
|
|
7 |
Multilingual
fare list |
1 |
|
|
8 |
Garbage
bin |
1 |
|
|
9 |
First-aid
kit |
1 |
|
|
10 |
Waterproof
torch |
1 |
|
|
11 |
Handheld
flare |
2 |
|
|
12 |
Anchor
attached to the Abra with a rope that is at least fifteen (15) metres long |
1 |
|
|
13 |
Mechanical
dewatering pump |
1 |
|
|
14 |
On-board
water level alarm |
1 |
|
|
15 |
Navigation
lights |
As prescribed by the Convention on the
International Regulations for Preventing Collisions at Sea, 1972 |
|
|
16 |
On-board
toolbox |
1 |
|
|
17 |
Horn
|
1 |
|
|
18 |
The
number of the Abra must be displayed legibly and prominently to the public |
1 |
|
|
19 |
Internal
lightings that do not affect navigation safety |
1 |
|
|
SN |
Description |
Number |
|
1 |
Life jackets for all passengers and the Skipper |
As stated in the certificate of registration |
|
2 |
Life buoy
|
1 |
|
3 |
The number of the Abra must be displayed legibly
and prominently to the public |
1 |
|
4 |
Multilingual fare list |
1 |
|
5 |
Multilingual safety and environment protection
instructions sign |
1 |
|
6 |
First-aid kit |
1 |
|
7 |
Waterproof torch |
1 |
|
8 |
Anchor attached to the Abra with a suitable
length rope |
1 |
|
9 |
Plastic bucket |
1 |
|
10 |
Manual dewatering pump |
1 |
|
11 |
White round navigation light for Abras operating
during night times |
1 |
|
12 |
Additional oar of the same type of the oar of
the Abra |
1 |
©2019 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.