Executive Council Resolution No. (11) of 2013

Issuing the Implementing Bylaw of Law No. (11) of 2010

Concerning the Licensing of Vessels in the Emirate of Dubai[1]

_________________________

We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Law No. (5) of 1995 Establishing the Department of Finance;

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. (11) of 2007 Establishing the Dubai Maritime City;

Law No. (35) of 2009 Concerning Management of the Public Funds of the Government of Dubai and its amendments; and

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

Do hereby issue this Resolution.

Chapter One

Definitions and Scope of Application

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:

UAE:

The United Arab Emirates.

Emirate:

The Emirate of Dubai.

Law:

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

Executive Council:

The Executive Council of the Emirate.

DMCA:

The Dubai Maritime City Authority.

RTA:

The Roads and Transport Authority.

Executive Director:

The executive director of the DMCA.

Vessel:

Any vessel of any type or structure whatsoever operated on the Waters 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, for a fee, from one place to another within the Waters of the Emirate using a Vessel.

Group Maritime Transport:

An activity that involves group transport of Passengers, for a fee, from one place to another within the Emirate using a Vessel.

Passenger:

Any person using a Vessel to travel from one place to another within the Emirate.

Goods:

Any livestock, agricultural, or industrial materials, equipment, or things; raw materials; or other materials, regardless of their state, which are transported by a Vessel within the Emirate.

Permit:

A document issued by the DMCA to a Master, Seaman, or Pilot which authorises its holder to navigate, work on board, or pilot a Vessel, in accordance with the requirements and rules stipulated in the Law and the resolutions issued in pursuance thereof.

Maritime Training Centre:

A facility licensed by the DMCA and competent entities in the Emirate to conduct the activity of maritime training.

Master:

A natural person authorised by the DMCA to operate and supervise the operation and management of a Vessel.

Pilot:

A natural person authorised by the DMCA to guide Vessels.

Seaman:

A natural person authorised by the DMCA to work on board a Vessel.

Licence:

A document issued by the DMCA which authorises a Vessel to navigate within the Waters of the Emirate.

Register:

A paper or electronic record maintained by the DMCA of the Vessels which are licensed for use in the Emirate.

Kilowatt:

A measurement unit of the propulsion power of the main engines of a Vessel.

Gross Ton:

A measurement unit of the total weight capacity of a Vessel expressed in tons.

Minimum Safe Manning Document:

A document issued by the DMCA which contains the minimum number of crew members required to safely manage and operate a Vessel.

Waters of the Emirate:

The waters of the Emirate of Dubai lying between the Dubai-Sharjah border and the Dubai-Abu Dhabi border and extending to the exclusive economic zone, including the internal Waters of the Emirate comprising all ports, marinas, canals, and waterways.

Prohibited Areas:

Areas demarcated by the DMCA and concerned entities in the Emirate where the use of Vessels is prohibited.

Scope of Application

Article (2)

a.          Without prejudice to applicable legislation in the Emirate and international maritime treaties and conventions to which the UAE or the Emirate is a party, this Resolution will apply to:

1.       all Vessels navigating the Waters of the Emirate; and

2.       all entities and individuals conducting any maritime activity in the Emirate relating to using, operating, piloting, working on board, or training the crew members of a Vessel or to chartering or transportation by a Vessel or any other ancillary activity.

b.          Except for provisions related to security, safety, and environmental requirements applicable to all Vessels, the following Vessels will be exempt from the licensing and registration provisions stipulated in this Resolution:

1.       Vessels of the Armed Forces, the Civil Defence, and the Dubai Police;

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

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

c.          Except for Vessels exempted by the DMCA, the Master of a Vessel licensed in the Emirate must keep on board the Vessel a copy of the Law and the resolutions issued in pursuance thereof.

Chapter Two

Licensing Vessels

Categories of Vessels

Article (3)

Vessels are divided into the following three (3) categories:

1.             Commercial Vessels: Vessels intended for conducting business including but not limited to:

-          pleasure Vessels designated to be chartered;

-          Vessels operating in the ports of the Emirate;

-          Vessels used for construction purposes;

-          Vessels used for towing and piloting;

-          Passenger Vessels; and

-          Vessels used for transporting Goods.

2.             Pleasure Vessels: Vessels intended for tourism and recreational purposes including but not limited to:

a.       motorised pleasure Vessels such as:

-          personal watercraft and similar Vessels;

-          Vessels less than twelve (12) metres in length;

-          Vessels between twelve (12) and twenty-four (24) metres in length; and

-          Vessels more than twenty-four (24) metres in length.

b.       non-motorised pleasure Vessels such as:

-          rowing boats; and

-          sailing boats and similar Vessels.

3.             Traditional Wooden Vessels: Vessels made primarily of wood including, without limitation, small passenger boats (Abras), wooden floating restaurants, wooden tourist boats, and similar Vessels.

Licensing and Registration

Article (4)

Without prejudice to the powers conferred by law on competent federal government entities, no Vessel may be used in the Emirate unless it is licensed and registered with the DMCA in accordance with the Law and the resolutions issued in pursuance thereof.

Register of Vessels

Article (5)

a.             The DMCA will maintain a Register in which licensed Vessels are registered, and the Executive Director will be the custodian of such Register.

b.             The Register must include the following details:

1.       name, address, nationality, and profession of the owner, or name, address, and nationality of his legal representative;

2.       Licence number of the Vessel;

3.       number of the Vessel;

4.       type and use of Vessel;

5.       year of build of the Vessel;

6.       engine number(s);

7.       hull number;

8.       weight and dimensions of the Vessel;

9.       number of Passengers permitted on board the Vessel including the Master and crew;

10.   maximum load capacity;

11.   Licence term of the Vessel; and

12.   any other details determined under the resolutions and instructions issued by the DMCA.

Vessel Licensing Requirements

Article (6)

To license a Vessel, all requirements, conditions, and specifications approved by the DMCA must be met.

Group Maritime Transport Vessels

Article (7)

In addition to Vessel licensing requirements, the following must be met to license Group Maritime Transport Vessels:

1.       a no-objection certificate issued by the RTA to operate the Vessel; and

2.       submission of a declaration specifying the Vessel route, service timings, and speed limits approved by the RTA.

Tourist Vessels

Article (8)

Tourist Vessels may only be licensed to tourist establishments licensed by the competent entity in the Emirate, and with prior approval of the DMCA.

Licensing Procedures

Article (9)

A Vessel licensing application will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1.       original builder’s certificate of the Vessel;

2.       valid technical inspection pass report of the Vessel issued by the DMCA or an entity accredited by the DMCA;

3.       copy of the ownership document of the Vessel to be licensed;

4.       copy of the deregistration document of the Vessel in the last country where it was registered in case of second-hand Vessels, and a proof that there is no lien or any other encumbrance on the Vessel;

5.       original customs clearance certificate issued by competent entities in the UAE, in case of Vessels imported from outside the UAE;

6.       for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or identity card issued by the competent entity in the UAE; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or identity card issued by the competent entity in the UAE;

7.       copy of valid commercial licence, if the owner of the Vessel is a legal person;

8.       original comprehensive insurance policy valid for thirteen (13) months issued by an insurance company licensed to operate in the UAE as a Vessel insurance provider;

9.       original radio licence;

10.   copy of the Vessel mortgage agreement between its owner and mortgagee if the Vessel is mortgaged; and

11.   any other document required under the resolutions and instructions issued by the DMCA.

Technical Inspection

Article (10)

Upon applying for a new Licence, renewal of Licence, or variation of Licence details, all types of Vessels must undergo a technical inspection conducted by the DMCA or any other entity accredited by the DMCA. Such inspection will be conducted in accordance with the relevant criteria and requirements approved by the DMCA.

Licence Term

Article (11)

The Licence term will be one (1) year, renewable for the same period. The owner of the Vessel must apply for renewal of the Licence within one (1) month of its expiry, provided that the insurance policy is valid during such period.

Licence Renewal Requirements

Article (12)

A Licence renewal application will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1.         valid technical inspection pass report of the Vessel issued by the DMCA or an entity accredited by the DMCA;

2.         for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or identity card issued by the competent entity in the UAE; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or identity card issued by the competent entity in the UAE;

3.         copy of valid commercial licence, if the owner of the vehicle is a legal person;

4.         original Licence of the Vessel;

5.         original comprehensive insurance policy valid for thirteen (13) months issued by an insurance company licensed to operate in the UAE as a Vessel insurance provider;

6.         original radio licence; and

7.         any other document required under the resolutions and instructions issued by the DMCA.

Transfer of Vessel Ownership

Article (13)

Subject to Article (10) of the Law and relevant federal legislation, the following must be complied with when transferring the ownership of a Vessel:

1.       the original owner will, within fourteen (14) days of the transfer date, give written notice to the DMCA of such transfer, accompanied by a copy of the document evidencing the transfer; and

2.       the new owner will, within fourteen (14) days of the ownership transfer date, request recording the transfer of ownership of the Vessel in the Register. The request will be submitted on the form prescribed by the DMCA for this purpose, accompanied by the Vessel Licence; ownership transfer document; documents proving the identity of the new owner and his domicile, capacity, nationality, and profession; and the original insurance policy. The original owner will continue to be liable for the Vessel’s obligations until the Licence transfer to the new owner is entered in the DMCA’s records.

Modification of Vessel

Article (14)

a.       No substantial modification may be made to a Vessel or any of its parts without first obtaining the relevant authorisation from the DMCA. The term of this authorisation will be ninety (90) days, renewable for the same period. The Vessel will undergo a technical inspection after making changes to it to check the modification elements and ensure that Licence requirements continue to be met, in particular those related to safety and security.

b.       A Vessel modification application will be submitted to the DMCA on the form prescribed by the DMCA for this purpose.

Variation of the Details of a Licence

Article (15)

An application for variation of the details of a Vessel Licence will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1.       original Licence;

2.       copy of the Vessel modification authorisation issued by the DMCA in the event of making a modification to the Vessel;

3.       for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or identity card issued by the competent entity in the UAE; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or identity card issued by the competent entity in the UAE;

4.       copy of commercial licence, if the owner of the Vessel is a legal person;

5.       original insurance policy valid for the remaining period of the Licence in addition to an extra period of at least thirty (30) days, issued by an insurance company licensed to operate in the UAE as a Vessel insurance provider;

6.       valid technical inspection pass report of the Vessel issued by the DMCA or any entity accredited by the DMCA in the event of making an amendment to the technical specifications of the Vessel;

7.       attested ownership transfer document in the event of transferring the ownership of the Vessel;

8.       copy of the decree of distribution if the Vessel was inherited by the heirs of the owner;

9.       copy of mortgage discharge certificate or a no-objection certificate from the mortgagee if the Vessel is mortgaged; and

10.   any other document required under the resolutions and instructions issued by the DMCA.

Loss or Damage of Licences

Article (16)

The owner of a Vessel must, in the event of loss or damage of a Licence, inform the DMCA and submit an application to the DMCA for obtaining a replacement of the lost or damaged Licence. Such application will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1.        for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or identity card issued by the competent entity in the UAE; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or identity card issued by the competent entity in the UAE;

2.        copy of a commercial licence, if the owner of the Vessel is a legal person;

3.        original Licence loss report, or the original Licence in case of a damaged Licence; and

4.        any other document required under the resolutions and instructions issued by the DMCA.

Requests for Cancellation of Licences

Article (17)

A request to cancel a Licence will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1.       original Licence;

2.       mortgage discharge certificate or a no-objection certificate from the mortgagee if the Vessel is mortgaged; and

3.       any other document required under the resolutions and instructions issued by the DMCA.

Rejection of Licence Applications

Article (18)

a.       The DMCA may reject an application for a new Licence, renewal of Licence, or variation of Licence details if it is established to the satisfaction of the DMCA, upon conducting a technical inspection, that the Vessel to be licensed, whose Licence is to be renewed, or whose Licence details are to be varied does not meet the relevant safety and security requirements adopted by the DMCA. Such rejection will be recorded in the technical inspection form. The applicant will be notified of the rejection and the reasons for the same. The applicant may submit to the Executive Director a written grievance against the rejection decision, within ten (10) days from the date on which it is issued. The decision issued on the grievance by the Executive Director or his authorised representative will be final.

b.       In addition to the reasons mentioned in paragraph (a) of this Article, the DMCA may reject an application for a new Licence, renewal of Licence, or variation of Licence details for any regulatory or other reasons relating to the achievement of public interest.

Suspension and Cancellation of Licences

Article (19)

a.       A Licence will be deemed cancelled if it is not renewed within one (1) year of its expiry date.

b.       The DMCA may cancel the Licence of a Vessel, or suspend it for a period not exceeding six (6) months if the Vessel ceases to meet any of the licensing requirement stipulated in this Resolution. In the event that a Licence is cancelled or a Vessel fails to comply with the licensing requirements during the suspension period, the owner of the Vessel must:

         1.          immediately surrender the original Licence to the DMCA; and

         2.          cease using the Vessel.

c.       A Vessel whose Licence is cancelled or suspended pursuant to paragraph (a) of this Article may not be used. If moving a Vessel whose Licence is cancelled or suspended from its current position to a safe position is required for reasons related to safe navigation, risk of pollution, or disruption of other maritime activities; security reasons; or any other reason determined by the DMCA, the DMCA may, at its own discretion or upon the request of the Vessel’s owner, approve moving the Vessel from its current position by issuing a towage or relocation permit.

Vessel Insurance

Article (20)

For a Vessel Licence to be issued, renewed, or varied, the Vessel must be covered by the relevant insurance determined by the DMCA provided by an insurance company licensed to operate in the UAE as a Vessel insurance provider. Insurance companies licensed in the Emirate may not refuse to insure any Vessel which is proven by technical inspection to be seaworthy and which meets all requirements adopted by the insurance company.

Validity of Insurance

Article (21)

The insurance policy of a Vessel must be valid throughout the Licence term and for thirty (30) days thereafter.

Civil Liability

Article (22)

No Vessel may be licensed and no Licence may be renewed if the insurance policy of the Vessel contains any term that may limit or exclude the full civil liability of the insured and the insurance company, arising from death, bodily injury, or material damage which may be caused by the Vessel.

Damage or Destruction of Vessels

Article (23)

a.       The owner or Master of a commercial, pleasure, or traditional wooden Vessel must immediately notify the DMCA of any breakdown or defect in the Vessel or its equipment that may compromise the safety of its Passengers or its seaworthiness. Such notice must state the nature, extent, and causes of the breakdown or defect.

b.       In the event of destruction of a Vessel for any reason whatsoever, or of loss or theft of a Vessel, the owner or Master must immediately notify the DMCA and return the original Licence to it if possible. The DMCA then will, without prejudice to the rights of third parties, conduct a technical investigation on the incident and prepare the relevant report based on which the Vessel will be struck off the Register and the Licence will be cancelled.

Authorisation of Visiting Foreign Pleasure Vessels

Article (24)

a.       A visiting foreign pleasure Vessel may navigate the Waters of the Emirate, provided that a relevant authorisation is obtained from the DMCA. Such authorisation will be issued in accordance with the relevant rules and requirements adopted by the DMCA.

b.       The authorisation mentioned in paragraph (a) of this Article will be valid for a renewable period of three (3) months.

Chapter Three

Vessel Crew Licensing

Use of Vessels

Article (25)

a.       No person may navigate or work on board a Vessel without first obtaining a valid Permit issued by the DMCA which authorises him to navigate or work on board that type of Vessel.

b.       The DMCA may exempt any person from obtaining the Permit referred to in paragraph (a) of this Article, for reasons related to the Vessel navigated by such person or the task for which he navigates it, or for any other reasons as may be determined pursuant to the resolutions and instructions issued by the DMCA.

Register of Vessel Crew Members

Article (26)

a.       The DMCA will maintain a register containing the names of persons authorised pursuant to this Resolution to navigate Vessels, the names of persons working on board Vessels, and the names of Pilots.

b.       The Executive Director will determine the form of such register and the information that must be entered in it.

Minimum Safe Manning Document

Article (27)

a.       Vessels identified by the DMCA may not use the Waters of the Emirate without a Minimum Safe Manning Document.

b.       The DMCA will issue a Minimum Safe Manning Document for Vessels after considering the nature of the activity, the size, and the number of Passengers of such Vessels, in order to ensure the safety of Vessels, the safety of persons working on board Vessels, and safe marine navigation within the Emirate.

c.       The Master must keep the Minimum Safe Manning Document on board the Vessel and make it accessible to the inspectors of the DMCA.

d.       The owner of a Vessel must comply with the following:

1.       observing the rest hours stipulated in international treaties and federal and local laws and maintaining documents and details related to the experience, competence, training, and medical fitness of each Seaman working on board the Vessel, and make such documents and details available for the DMCA upon request; and

2.       establishing an action plan to coordinate the duties of the Vessel’s crew in normal circumstances and emergencies, and conducting maritime safety drills for evacuation, firefighting, or marine pollution caused by the Vessel.

e.       The DMCA will issue resolutions and instructions related to the Minimum Safe Manning Document.

Requirements for Granting Minimum Safe Manning Documents

Article (28)

A Minimum Safe Manning Document will be granted upon meeting the following requirements:

1.       the number of Seamen and operators of the Vessel must be adequate to navigate, and perform the operations of, the Vessel in a safe manner that poses no threat or danger whatsoever to the marine environment, to maritime facilities, or to wharves;

2.       the language of work and communication used on board the Vessel must be comprehensible to all crew members;

3.       all staff working on board the Vessel must be licensed by the DMCA; and

4.       the Vessel must be staffed as per the requirements of the Minimum Safe Manning Document.

Requirements for Granting Permits to

Persons Working on Board Vessels

Article (29)

a.       The requirements for granting Permits to persons working on board a Vessel will be determined in accordance with the following, taking into account the type of the Vessel:

1.       For pleasure Vessels less than twelve (12) metres in length

To issue a licence to a person to navigate such a Vessel, that person must:

a.       not be less than sixteen (16) years old;

b.       pass the qualification courses determined by the DMCA to obtain a licence to navigate that type of Vessel on the Waters of the Emirate;

c.       pass the prescribed medical tests;

d.       be familiar with local rules of marine navigation; and

e.       meet any other requirement determined pursuant to the resolutions and instructions issued by the DMCA.

2.       For pleasure Vessels between twelve (12) and twenty-four (24) metres in length

To issue a licence to a person to navigate such a Vessel, that person must:

a.       not be less than eighteen (18) years old;

b.       pass the qualification courses determined by the DMCA to obtain a licence to navigate that type of Vessel on the Waters of the Emirate;

f.        pass the prescribed medical tests;

g.       be familiar with local rules of marine navigation; and

c.       meet any other requirement determined pursuant to the resolutions and instructions issued by the DMCA.

3.       For commercial Vessels whose tonnage is less than five hundred (500) Gross Tons

Persons working on board such a Vessel will be divided into two (2) basic categories:

a.       Marine Navigation Category

Persons in this category must hold the required academic qualifications to occupy the following positions:

1.       Master in charge of a commercial Vessel whose tonnage is less than five hundred (500) Gross Tons;

2.       duty officer in charge of a commercial Vessel whose tonnage is less than five hundred (500) Gross Tons; or

3.       Seaman, a person assigned by the Master to perform any work on board a commercial Vessel whose tonnage is less than five hundred (500) Gross Tons, including maritime shift work.

b.       Marine Engineering Category

 The power of the Vessel engine determines the qualifications of the Seamen who perform marine engineering duties on that Vessel. Such qualifications will authorise their holders to occupy the following positions:

1.       3,000 Kilowatts marine engine operator, who is responsible for a marine propulsion engine whose power is less than 3,000 Kilowatts;

2.       1,500 Kilowatts or less marine engine operator, who is responsible for a marine propulsion engine whose power is less than 1,500 Kilowatts;

3.       3,000 Kilowatts assistant marine engine operator, who assists in operating marine propulsion engines whose power is less than 3,000 Kilowatts; or

4.       1,500 Kilowatts or less assistant marine engine operator, who assists in operating marine propulsion engines whose power is less than 1,500 Kilowatts.

4.       Traditional Wooden Vessels

A Vessel operated by a Master and other Seamen who must meet the competency requirements of persons working on board commercial Vessels as stipulated in paragraph (a)(3) of this Article. However, the Master of a small passenger boat (Abra), must obtain a Permit to navigate Abras in accordance with relevant requirements adopted by the DMCA.

b.       To qualify for obtaining a Permit to work on board a Vessel, a person must meet the following:

1.       the age requirement prescribed by the DMCA to navigate a Vessel;

2.       pass the qualification courses determined by the DMCA to obtain the Permit;

3.       pass the prescribed medical tests; and

4.       meet any other requirements determined pursuant to the resolutions and instructions issued by the DMCA.

c.       To be granted a Pilot Permit, a Pilot must meet the following:

1.       meet the age requirement prescribed by the DMCA;

2.       pass the qualification courses determined by the DMCA to obtain the Permit;

3.       pass the prescribed medical tests; and

4.       meet any other requirements determined pursuant to the resolutions and instructions issued by the DMCA.

d.       The DMCA may grant a Permit to a UAE national or UAE resident who holds a permit issued by another country if it is established that this permit meets the conditions and requirements adopted by the DMCA.

Permit Validity

Article (30)

a.       The Permit granted to a Master, Seaman, or Pilot will be valid for a period of three (3) years, renewable for the same period.

b.       Notwithstanding the provisions of paragraph (a) of this Article, the Permit to navigate a pleasure Vessel will be valid for a period of two (2) years, renewable for the same period.

Permit Obtaining Procedures

Article (31)

A Permit application will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1.       one (1) colour passport-size photograph;

2.       for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or identity card issued by the competent entity in the UAE; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or identity card issued by the competent entity in the UAE;

3.       qualification credentials, as required;

4.       the required certificates of qualifying courses;

5.       medical fitness certificate issued by a medical entity recognised by the DMCA;

6.       certificate of good conduct; and

7.       any other document required pursuant to the resolutions and instructions issued by the DMCA.

Permit Renewal

Article (32)

A Permit must be renewed within one (1) month prior to its expiry. The renewal application will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the required documents including:

1.       one (1) colour passport-size photograph;

2.       the original Permit;

3.       for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or identity card issued by the competent entity in the UAE; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or identity card issued by the competent entity in the UAE;

4.       medical fitness certificate issued by a medical entity recognised by the DMCA;

5.       certificate of good conduct; and

6.       any other document required pursuant to the resolutions and instructions issued by the DMCA.

Suspension or Cancellation of Permits

Article (33)

The DMCA may suspend a Permit issued to a Master, Seaman, or Pilot, or to the person navigating a pleasure Vessel, for a period not exceeding six (6) months, or cancel such Permit, if such person violates the Law or the resolutions issued in pursuance thereof. A Person whose Permit is suspended or cancelled must immediately surrender his Permit to the DMCA. A Permit will be deemed cancelled if it is not renewed within one (1) year of its expiry date.

Issuing Replacement for Lost or Damaged Permits

Article (34)

The DMCA may issue a replacement for a lost or damaged Permit upon an application submitted by the Permit holder on the form prescribed by the DMCA for this purpose, supported by the following documents:

1.       one (1) colour passport-size photograph;

2.       for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or identity card issued by the competent entity in the UAE; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or identity card issued by the competent entity in the UAE;

3.       Permit loss report, or the original Permit in case of a damaged Permit; and

4.       any other document required pursuant to the resolutions and instructions issued by the DMCA.

Chapter Four

Maritime Training Centres

Vessel Operation Training

Article (35)

a.       No natural or legal person may provide training to another person to navigate a Vessel unless so licensed by the DMCA.

b.       Establishments will be licensed to operate as Maritime Training Centres through coordination between the DMCA and competent entities in the Emirate, including the entities responsible for granting commercial licences.

Trainer Licensing Requirements

Article (36)

To be licensed as a marine trainer, a person must:

1.       be of full legal capacity and good conduct, and not have been convicted of any felony or other crime affecting honour or trustworthiness;

2.       hold qualifications that are appropriate to the nature of the field or specialisation in which he provides training, and which are recognised by the DMCA;

3.       have work experience in the field of training, for the period determined by the DMCA;

4.       pass the prescribed medical tests; and

5.       meet any other requirements determined pursuant to the resolutions and instructions issued by the DMCA.

Requirements and Procedures of Licensing Maritime Training Centres

Article (37)

a.       To be licensed as a Maritime Training Centre, an establishment must meet the following requirements:

1.       submission of an action plan which includes the educational and training activities to be conducted in the training centre;

2.       accreditation by the DMCA of the training programmes to be implemented by the training centre;

3.       the academic qualifications and work experience of trainers in the training centre must be accredited by competent entities in the UAE and by the DMCA, and must be compatible with the nature of the training programmes to be implemented by the training centre. Furthermore, these trainers must be of good conduct;

4.       provision of a general plan of the training centre premises, with all details about the facilities to be used for training and teaching trainees; and

5.       meet any other requirement determined pursuant to the resolutions and instructions issued by the DMCA.

b.       Licences of Maritime Training Centres will be issued in coordination with the competent entities in accordance with the relevant procedures adopted by the DMCA.

Obligations of Maritime Training Centres

Article (38)

A training centre must:

1.       establish clear and specific criteria for admission of trainees and publish such criteria in the manual and brochures of the Maritime Training Centre;

2.       provide all equipment, machinery, programmes, and health and safety requirements in accordance with the legislation in force in the Emirate, and implement training programmes effectively and efficiently;

3.       provide an annual assessment guide, course outlines, admission requirements and procedures, timetables, and fees, for each training programme;

4.       prepare a detailed curriculum for each training programme and submit it to the DMCA for approval;

5.        not engage any trainer unless he is qualified and licensed to provide training;

6.       in providing instruction and training on navigating Vessels, use only the Vessels licensed by the DMCA, that are equipped for purposes of such instruction and training in accordance with the relevant specifications adopted by the DMCA;

7.       provide each trainee with a certificate stating that he has completed the training programme and that he is prepared to take the test conducted by the DMCA for the purpose of obtaining a Permit;

8.       notify the DMCA of any change in the training programmes or trainers; and

9.       meet any other requirements determined pursuant to the resolutions and instructions issued by the DMCA.

Chapter Five

Chartering Vessels

Licensing the Activity of Chartering Vessels

Article (39)

a.       No person may conduct the activity of chartering Vessels in the Emirate unless so licensed by the DMCA.

b.       Establishments will be licensed by the DMCA to conduct the activity of chartering Vessels, in accordance with the relevant procedures determined by the DMCA and in coordination with the competent entities in the Emirate, including the entities responsible for granting commercial licences.

Licensing Requirements for Vessel Chartering Establishments

Article (40)

To be licensed as a Vessel chartering establishment, an establishment must:

1.       provide protection, safety, and first aid equipment and appliances in the chartering locations where it is authorised to use the Vessels;

2.       provide the DMCA with all required documents including identification documents of the owner and the partners of the establishment to be licensed; and

3.       meet any other requirement determined pursuant to the resolutions and instructions issued by the DMCA.

Obligations of Vessel Chartering Establishments

Article (41)

Establishments licensed by the DMCA to charter Vessels must:

1.       provide a plan of the Vessel chartering locations which indicates its route and berthing areas;

2.       submit an original comprehensive insurance policy issued by an insurance company licensed to operate in the UAE as a Vessel insurance provider to compensate for any damage that may occur to individuals and property, and cover the removal of shipwrecks;

3.       prepare an emergency management plan;

4.       train all of their staff and Seamen on the emergency management plan, give them refresher courses on such plan on a regular basis, submit an annual report to the DMCA, and maintain records of such training courses;

5.       maintain a copy of the maintenance plan of charter Vessels and their equipment, in accordance with the recommendations of original manufacturers;

6.       document journeys in a record and provide the DMCA with this record upon request;

7.       provide a statement indicating the types and specifications of charter Vessels;

8.       ensure that all charter Vessels are licensed by the DMCA;

9.       provide safety and environmental protection on board Vessels, and provide all equipment required to protect their users;

10.   not engage any trainer unless he is qualified and licensed to provide training by the DMCA; and

11.   meet any other obligations determined pursuant to the resolutions and instructions issued by the DMCA.

Chapter Six

Marine Environment and Safe Navigation

Environmental Requirements

Article (42)

a.       Vessels are prohibited from disposing of oils, liquid toxic or harmful substances, sewage water, or waste into the Waters of the Emirate, and from polluting the air with harmful emissions.

b.       The DMCA will establish rules required to prevent pollution of the marine environment resulting from Vessels, including rules to prevent pollution resulting from:

1.       dumping or leakage of all kinds of oil;

2.       liquid toxic substances;

3.       hazardous substances;

4.       sewage water;

5.       all kinds of waste;

6.       bilge water;

7.       gas emissions resulting from using the Vessel; and

8.       ballast water.

Marine Navigation Rules

Article (43)

a.       A user of a Vessel must:

1.       follow the signals, marks, and instructions organising marine navigation;

2.       use best endeavours, caution, and care during marine navigation;

3.       not cause harm to, endanger, hinder, or disturb others, except as dictated by circumstances and except that which cannot be avoided;

4.       not leave, dump, or discharge any material that may hinder marine navigation, or endanger its users. Such hindrances must be immediately removed;

5.       not anchor the Vessel in other than the designated areas, unless the Master is compelled to do so, in which case the Master must take measures as required to prevent incidents which may result from such anchorage, and to prevent the obstruction of marine navigation;

6.       not take part in special processions or Vessel gatherings unless an authorisation is obtained from the DMCA, provided that the term of such authorisation is limited and that such processions or gatherings do not obstruct marine navigation;

7.       not use Vessels in advertisements, for example by installing a loudspeaker or posting signboards or scale models on board the Vessel, without first obtaining an authorisation from the DMCA;

8.       not participate in any race whatsoever without first obtaining an authorisation from the DMCA, which will be granted after providing the guarantees required to compensate for any resulting damage or incidents;

9.       avoid causing noise or unnecessary annoying sounds, or disturbing others;

10.   provide all possible aid to persons who sustain injuries in any sea incident;

11.   provide the equipment and machinery, as may be required by the DMCA and concerned government entities in the Emirate, on board the Vessel in order to ensure the safety of its users and protection of the marine environment;

12.   not exceed the speed limits determined by the DMCA in waterways and canals;

13.   not conduct the authorised activity by using the Vessel in areas other than designated areas;

14.   not destroy or relocate navigation marks or equipment; change their meaning, features, or direction; or cause any damage to them;

15.   not navigate the Vessel while under the influence of alcohol, drugs, or similar substances, or while fatigued to an extent that may affect his control of the Vessel;

16.   ensure at all times, in particular before commencing navigation, that the Vessel is safe and meets the requirements prescribed by the Law and the resolutions issued in pursuance thereof;

17.   comply with exigencies dictated by conditions of the sea, weather, the Vessel, its load, and all surrounding conditions; and adhere to safe speed and distance;

18.   turn on navigation lights of the Vessel between sunset and sunrise or during poor visibility;

19.   not exceed the number of persons authorised by the DMCA on board the Vessel;

20.   not use the Vessel except for its intended purposes;

21.   keep all documents determined by the DMCA on board the Vessel and produce them to inspectors upon request;

22.   not exceed the authorised cargo weight for the Vessel. The cargo length, width, and height may not exceed the prescribed limits. If the cargo of the Vessel exceeds such limits, a prior authorisation from the DMCA must be obtained, and the excess cargo must be marked as determined by the DMCA;

23.   distribute and stow the cargo of the Vessel in a safe manner so as not to affect its stability while navigating under all conditions; and

24.   meet any other obligation determined under the resolutions and instructions issued by the DMCA.

b.       The DMCA may issue resolutions relevant to safe navigation and collision prevention on the Waters of the Emirate. Such resolutions will determine, without limitation:

1.       life-saving techniques;

2.       firefighting equipment;

3.       marine navigation equipment;

4.       piloting of Vessels;

5.       towing of Vessels;

6.       salvage of Vessels; and

7.       the legal obligations of the Master, taking into consideration the safety of the Vessel navigated by the Master and the safety of its Passengers, including without limitation:

-          providing assistance in the event of marine collision;

-          aiding Vessels in distress or danger;

-          aiding persons at risk on the Waters of the Emirate; and

-          notifying the DMCA of the risks or accidents observed at sea.

c.       The DMCA will, when establishing the rules regulating marine navigation, coordinate with competent entities in the Emirate, and will comply with provisions of the maritime treaties and conventions to which the Emirate or the UAE is a party which are related to safe navigation; marine collision prevention; and Vessel piloting, towing, and salvaging.

Maritime Activities

Article (44)

The DMCA will, in coordination with competent entities in the Emirate, issue resolutions relevant to conducting any activity by Vessels on the Waters of the Emirate including, but not limited to:

1.       bunkering;

2.       building or repairing Vessels or adding any structure to or modifying the hulls of Vessels;

3.       lifting any hull, including a shipwreck, that is floating or otherwise;

4.       diving;

5.       excavation and dredging works;

6.       demolition works;

7.       maritime rescue operations;

8.       marine surveying;

9.       towing;

10.   shipping any materials (including sand, rocks, debris, and any other construction materials) that may cause marine pollution in the Emirate; and

11.   transferring and unloading Goods or fuel from a Vessel to another within the Waters of the Emirate.

Chapter Seven

Final Provisions

Fees

Article (45)

a.       The DMCA will charge the fees stipulated in Schedule (1) attached to this Resolution for issuing the Licences, Permits, and authorisations and providing the services pursuant to this Resolution.

b.       The DMCA may grant individuals, and public and private entities, a discount not exceeding fifty percent (50%) on the fees prescribed by paragraph (a) of this Article for issuing the Licences, Permits, authorisations, and certificates and providing services by the DMCA, in accordance with relevant cases, criteria, and requirements approved by the Department of Finance.

Penalties

Article (46)

a.       Without prejudice to any stricter penalty stipulated in any other legislation, a person who commits any of the violations stipulated in Schedule (2) attached hereto will be punished by the fine indicated opposite that violation.

b.       The amount of the fine prescribed by the schedule referred to in paragraph (a) of this Article will be doubled upon repetition of the same violation within one (1) year from the date of the previous violation. A fine must not exceed one hundred thousand Dirhams (AED 100,000.00).

c.       In addition to the penalty of a fine referred to in paragraph (a) of this Article, the DMCA may take one or more of the following measures against a violating entity:

1.       suspending, cancelling, or rejecting the renewal of, the Permits of any of the Vessel crew members;

2.       suspending, cancelling, or rejecting the renewal of, the Licence of the Vessel;

3.       impounding the Vessel until the grounds for impoundment cease to exist; and/ or

4.       prohibiting the use of the Vessel until its defects or deficiencies are redressed.

d.       A Vessel will be impounded by navigating, towing, or lifting it to the place designated by the DMCA for such purpose. The impounded Vessel will not be released to its owner unless the impoundment grounds cease to exist, and all fees, fines, impoundment costs, and any other relevant costs are paid. If the owner of the Vessel fails to release the impounded Vessel within the prescribed period, the DMCA may dispose of the Vessel in accordance with the instructions and resolutions it issues, including by way of sale of the Vessel at public auction.

Remedy of Violations

Article (47)

In addition to imposing the penalties stipulated in this Resolution, the DMCA may order the violating entity to remedy the violation within the period prescribed by the DMCA, failing which, the DMCA may remedy the violation and hold the violating entity liable to pay all costs incurred, in addition to administrative charges of twenty percent (20%) of these costs.

Law Enforcement Officers

Article (48)

Employees and inspectors of the DMCA nominated by a resolution issued by its Executive Chairman, in coordination with the Director General of the Government of Dubai Legal Affairs Department, will have the capacity of law enforcement officers to record the acts committed in breach of the provisions of the Law and the resolutions issued in pursuance thereof. In this capacity, they may issue violation reports and seek assistance from police personnel.

Payment of Fees and Fines

Article (49)

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

Seeking Assistance from Government Entities

Article (50)

All Government entities must, when requested, provide support and assistance to the DMCA.

Previous Licences and Permits

Article (51)

Licences granted to Vessels and Permits granted to the crew members of these Vessels by the effective date of the Law and the resolutions issued in pursuance thereof will be valid until their expiry dates, provided that these Licences and Permits are renewed in accordance with their relevant terms.

Issuing Resolutions and Instructions

Article (52)

a.       Where necessary, the DMCA will, in coordination with concerned government entities in the Emirate, issue the resolutions and instructions required for the implementation of the provisions of the Law and this Resolution, and will in particular:

1.       establish the criteria and requirements related to Vessel safety systems and equipment to ensure that they are fit for use and meet environmental requirements;

2.       manage Vessel anchoring and berthing areas;

3.       determine the main lines of the Maritime Transport network in the Emirate; the routes and locations where various maritime activities are authorised; and Prohibited Areas;

4.       determine authorised speed limits; and

5.       issue the manual of technical specifications of maritime signals and lights used to organise marine navigation.

b.       In relation to implementing any provisions of the Law and this Resolution, the DMCA may issue resolutions to implement the provisions of any international maritime treaty or agreement to which the UAE is a party.

Issuing Implementing Resolutions and Instructions

Article (53)

The Executive Director will issue the resolutions and instructions required for the implementation of the provisions of this Resolution.

Repeals

Article (54)

Any provision in any other resolution will be repealed to the extent that it contradicts this Resolution.

Publication and Commencement

Article (55)

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 7 May 2013

Corresponding to 27 Jumada al-Thaniyah 1434 A.H.


 

Schedule (1)

Vessel Related Fees

SN

Description

Fee (in Dirhams)

1

Issuing or renewing a Vessel Licence

300.00

2

Varying the details of a Vessel Licence

200.00

3

Cancelling a Vessel Licence

100.00

4

Issuing a replacement for a lost or damaged Vessel Licence

300.00

5

Issuing a Vessel Minimum Safe Manning Document

1,000.00

6

Classifying a Vessel

300.00

7

Issuing an authorisation to a Vessel to conduct a maritime activity

5,000.00

8

Issuing a navigation authorisation for a visiting foreign Vessel

1,000.00

9

Issuing, renewing, or varying the details of, a small passenger boat (Abra) Licence; or issuing a replacement for a lost or damaged Abra Licence

100.00

10

Issuing a replacement for a lost or damaged personal watercraft Licence

100.00

11

Conducting technical inspection of a personal watercraft

100.00

12

Conducting technical inspection of a personal watercraft designated for participation in races

500.00

13

Conducting technical inspection of a small passenger boat (Abra)

100.00

14

Conducting technical inspection of a Group Maritime Transport Vessel

400.00

15

Conducting technical inspection of a Vessel designated for use as a floating restaurant

400.00

16

Conducting technical inspection of a pleasure boat that is less than twelve (12) metres in length

200.00

17

Conducting technical inspection of a pleasure boat that is between twelve (12) and twenty-four (24) metres in length

400.00

18

Conducting technical inspection of a pleasure boat that is twenty-four (24) metres in length or longer

800.00

19

Conducting an on-site technical inspection of a Vessel within the Emirate, except for floating restaurants and small passenger boats (Abras)

500.00

20

Issuing or renewing a pleasure boat Master’s Permit

600.00

21

Issuing or renewing a wooden Vessel Master’s Permit

300.00

22

Issuing or renewing a commercial Vessel Master’s Permit

900.00

23

Issuing or renewing a Seaman’s Permit

300.00

24

Issuing or renewing a Pilot’s Permit

900.00

25

Varying the details of a Permit of a Master, Seaman, or Pilot or issuing a replacement for a lost or damaged Permit of a Master, Seaman, or Pilot

100.00

26

Issuing or renewing a marine engine operator’s Permit

750.00

27

Issuing or renewing an assistant marine engine operator’s Permit

450.00

28

Issuing or renewing a small passenger boat (Abra) navigating Permit

200.00

29

Taking a small passenger boat (Abra) navigating test

100.00

30

Issuing a ballast water authorisation for a single journey

800.00

31

Issuing an annual ballast water authorisation

1,200.00

32

Ballast water inspection for up to two (2) hours

1,000.00

33

Ballast water inspection for over two (2) hours

AED 500.00 per hour

34

Taking a ballast water sample for a laboratory test

1,500.00

35

Issuing a Vessel multiple-visit authorisation valid for one (1) year, for purposes of air pollution prevention

1,500.00

36

Issuing an urgent Vessel multiple-visit authorisation valid for one (1) year, for purposes of air pollution prevention

2,500.00

37

Issuing a Vessel single-visit authorisation valid for one (1) year, for purposes of air pollution prevention

AED 1,000.00

38

Issuing an urgent Vessel single-visit authorisation valid for one (1) year, for purposes of air pollution prevention

AED 2,500.00

39

Conducting an air pollution prevention inspection for up to two (2) hours

1,000.00

40

Conducting an air pollution prevention inspection for over (2) hours

AED 500.00 per hour

41

Testing the percentage of sulphur in the fuel of a Vessel

1,500.00

42

Testing the percentage of sulphur oxide and nitrogen oxide of a Vessel

2,500.00

43

Testing the percentage of sulphur oxide, nitrogen oxide, and carbon dioxide of a Vessel

3,000.00

44

Issuing a waste management authorisation for the Vessels determined by the DMCA

4,400.00

45

Anchoring in the Waters of the Emirate for more than five (5) days and up to thirty (30) days

AED 100.00 per day

46

Anchoring in the Waters of the Emirate for more than thirty (30) days by a Vessel that is up to one hundred (100) metres in length

AED 250.00 per day

47

Anchoring in the Waters of the Emirate for more than thirty (30) days by a Vessel that is over one hundred (100) and up to two hundred (200) metres in length

AED 500.00 per day

48

Anchoring in the Waters of the Emirate for more than thirty (30) days by a Vessel that is over two hundred (200) metres in length.

AED 750.00 per day

49

Issuing an authorisation to transfer Goods between Vessels (ship-to-ship transfer)

AED 15,000.00 per operation

50

Issuing an annual authorisation for a Vessel to divide cargo amongst Vessels (lightering)

24,000.00

51

Issuing a single-operation authorisation for a Vessel to divide cargo amongst Vessels (lightering)

AED 5,000.00 per operation

52

Issuing an annual authorisation for an establishment to supply fuel to Vessels in the marinas of the Emirate

75,000.00

53

Issuing an annual authorisation to a Vessel to supply fuel to other Vessels

12,000.00

54

Issuing or renewing a Licence for conducting the activity of personal watercraft rental agency

5,000.00

55

Issuing a replacement for a damaged/ lost personal watercraft number plate

100.00

56

Issuing or renewing a Permit for a trainer at a personal watercraft rental agency

1,000.00

57

Varying the details of a Permit for a trainer at a personal watercraft rental agency

200.00

58

Issuing a replacement for a lost or damaged permit for a trainer at a personal watercraft rental agency

200.00

 


 

Schedule (2)

Violations and Fines

SN

Description of Violation

Fine (in Dirhams)

1

Using a Vessel not licensed by the DMCA

5,000.00

2

Navigating with a Licence suspended or cancelled by the DMCA

5,000.00

3

Using a Vessel after the expiry of its Licence

1,000.00

4

Using a Vessel by a person who does not hold a Permit issued by the DMCA or who holds an expired Permit

1,000.00

5

Delaying the renewal of a Vessel’s Licence without a reason acceptable to the DMCA

AED 1,000.00 per month of delay

6

Delaying the renewal of a Permit of a Master, Seaman, or Pilot without a reason acceptable to the DMCA

AED 500.00 per month of delay

7

Making technical or structural changes to the Vessel without first obtaining the relevant approval of the DMCA

2,000.00

8

Unavailability of a Vessel registration number or failure to display it properly

1,000.00

9

Using a Vessel for a purpose other than that for which it is licensed

5,000.00

10

Failure to provide the equipment required to ensure security and safety of the Vessel and its Passengers

3,000.00

11

Sending a false distress signal

10,000.00

12

Failure to promptly report a non-environmental accident

1,000.00

13

Failure of an owner or Master to report the wreckage, damage, or destruction of a Vessel to the DMCA without a valid reason

2,000.00

14

Varying the details of the Licence or documents of a Vessel without first obtaining the relevant approval of the DMCA

5,000.00

15

Failure to produce the Licence or maintain any of the documents stipulated in this Resolution on board a Vessel

1,000.00

16

Failure to take the required precautions to ensure the safety of navigation in case of breakdown of a Vessel

1,000.00

17

Navigating with navigation lights turned off

3,000.00

18

Navigating at a speed exceeding the maximum speed allowed in an area that has a speed limit

2,000.00

19

Navigating in a Prohibited Area determined by the DMCA or the concerned entities in the Emirate

5,000.00

20

Behaving in any way which may cause damage to a Vessel, its Passengers, or third parties

3,000.00

21

Navigating under the influence of alcohol, drugs, or similar substances

10,000.00

22

Hindering navigation on the Waters of the Emirate

2,000.00

23

Unsafe navigation, or recklessness and failure to use caution and care when navigating a Vessel

5,000.00

24

Failure to put on safety equipment

3,000.00

25

Navigating a Vessel at unauthorised times

1,000.00

26

Providing false details or information to the DMCA to obtain any of its services

5,000.00

27

Failure to surrender, within the prescribed period, a Licence suspended or cancelled by the DMCA

1,000.00

28

Failure to comply with the minimum safe manning requirements of a Vessel

4,000.00

29

Transporting unauthorised items on board a Vessel

10,000.00

30

Overloading a Vessel with Goods or Passengers

3,000.00

31

Committing any act that may lead to marine collision

5,000.00

32

Failure to comply with the safety requirements approved by the DMCA

10,000.00

33

Cooking on board a Vessel used as a floating restaurant

5,000.00

34

Serving the hookah (Shisha) on board a Vessel

5,000.00

35

Failure to comply with the environmental requirements issued by the DMCA in relation to using a Vessel

5,000.00

36

Annoying or disturbing others

2,000.00

37

Anchoring a Vessel in areas other than the designated areas, or outside authorised times

2,000.00

38

Damaging navigation marks

2,000.00

39

Chartering Vessels without obtaining the approval of the DMCA

10,000.00

40

Chartering a Vessel by a Vessel chartering establishment to a person who does not hold a Vessel operating Permit

2,000.00

41

Giving permission, by a Vessel chartering establishment, to a person who is under the influence of alcohol, drugs, or similar substances, to navigate a Vessel

10,000.00

42

Allowing by a Vessel chartering establishment the overloading of a Vessel

5,000.00

43

Failure of a Vessel chartering establishment to provide on-board safety equipment

5,000.00

44

Chartering by a Vessel chartering establishment of a Vessel which is unseaworthy

5,000.00

45

Chartering an unlicensed Vessel by a Vessel chartering establishment

5,000.00

46

Chartering by a Vessel chartering establishment of a Vessel whose Licence is expired

2,000.00

47

Failure of a Vessel chartering establishment to maintain on its premises the signboards and maps of the areas designated for its activity

3,000.00

48

Failure of a Vessel chartering establishment to comply with the areas designated to conduct chartering activities

2,000.00

49

Failure of a Vessel chartering establishment to keep, for the period prescribed by the DMCA, files and records of Vessels, and names and personal details of trainers and charterers

1,000.00

50

Failure of a Vessel chartering establishment to make available safety equipment in their premises, or allowing persons to use a Vessel without wearing such equipment

5,000.00

51

Failure of a Vessel chartering establishment to stop reckless use of its Vessels

2,000.00

52

Carrying out maintenance works of Vessels by a Vessel chartering establishment in other than the relevant designated areas

2,000.00

53

Use by a Vessel chartering establishment of any of its Vessels for other than the designated purposes

5,000.00

54

Failure to comply with the requirements approved by the DMCA in relation to ballast water

15,000.00

55

Discharge of treated ballast water without obtaining an authorisation from the DMCA

2,000.00

56

Failure to maintain a record of ballast water operations in accordance with the conditions and requirements determined by the DMCA

10,000.00

57

Discharging the waste of a Vessel in other than the areas designated by the DMCA

2,000.00

58

Failure of a Vessel to keep a plan to manage and treat ballast water

5,000.00

59

Discharge or suction of ballast water in a Prohibited Area

20,000.00

60

Discharge of waste, deposits, or non-treated ballast water into the Waters of the Emirate

20,000.00

61

Failure to maintain a bunkering record or a sample analysis record or keeping the same in a manner that is contrary to the requirements prescribed by the DMCA

15,000.00

62

Failure to change to low sulphur fuel

2,000.00

63

Failure to maintain a bunkering record or a fuel sample analysis record in accordance with the requirements of the DMCA for the Vessels determined by the DMCA

10,000.00

64

Failure to submit a report on air pollution prevention by the deadlines determined by the DMCA

2,000.00

65

Anchoring on the Waters of the Emirate without a prior permission from the DMCA

10,000.00

66

Riding an unlicensed personal watercraft

1,000.00

67

Failure to wear a life jacket or helmet when riding a personal watercraft

1,000.00

68

Using a personal watercraft outside the areas designated by the DMCA

1,000.00

69

Unsafe riding of a personal watercraft, or recklessness and failure to use caution and care when riding a personal watercraft

1,500.00

70

Riding a personal watercraft with an expired Licence

1,000.00

71

Overloading a personal watercraft

1,000.00

72

Riding a personal watercraft by an underage person without a companion

1,000.00

73

Failure to comply with the times specified for riding personal watercraft

2,000.00

74

Riding a personal watercraft under the influence of alcohol, drugs, or similar substances

2,000.00

75

Delay by an individual in renewing his personal watercraft Licence

AED 100.00 per month of delay

76

Using a personal watercraft for a purpose other than that for which it is licensed

5,000.00

77

Renting out personal watercraft without obtaining the approval of the DMCA

5,000.00

78

Failure of a personal watercraft rental establishment to renew the Licence of a personal watercraft within one (1) month of its expiry

1,000.00

79

Renting out a personal watercraft to an underage person without a companion

1,000.00

80

Conduct by a personal watercraft rental establishment of its activity in areas other than those designated for that activity

2,000.00

81

Failure to keep, for the period prescribed by the DMCA, files and records of personal watercraft and of the names and personal details of trainers and renters

1,000.00

82

Hindering or preventing the DMCA’s inspectors or their representatives from performing their duties

5,000.00

83

Navigating a visiting foreign pleasure Vessel in the Emirate by its owner or operator, without obtaining an authorisation or after the expiry of such authorisation

2,000.00

 



©2016 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.