Executive Council Resolution No. (49) of 2016
Regulating the Activity of
Hourly Rental of Vehicles in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin
Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,
After
perusal of:
Federal
Law No. (21) of 1995 Concerning Road Traffic, its Implementing Bylaw, and their
amendments;
Law
No. (5) of 1994 Establishing the Dubai Transport Corporation 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 and its
amendments;
Law
No. (9) of 2006 Affiliating the Dubai Transport Corporation to the Roads and
Transport Authority;
Law
No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate
of Dubai and its amendments;
Law
No. (5) of 2015 Concerning Disposition of Lost-and-Found and Abandoned Property
in the Emirate of Dubai;
Law
No. (22) of 2015 Regulating Partnership between the Public Sector and the
Private Sector in the Emirate of Dubai;
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai;
Law
No. (8) of 2016 Regulating the Grant of Law Enforcement Capacity in the
Government of Dubai;
Decree
No. (22) of 2005 Concerning Use of the Electronic Information System of Car
Rental Agencies;
Executive
Council Resolution No. (8) of 2008 Establishing the Licensing Agency of the
Roads and Transport Authority; and
Executive
Council Resolution No. (15) of 2012 Approving the Violations and Fines Schedule
for the Electronic Information System of Car Rental Agencies,
Do 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:
|
Emirate: |
The Emirate
of Dubai. |
|
RTA: |
The
Roads and Transport Authority. |
|
Director
General: |
The
director general and chairman of the Board of Executive Directors of the RTA. |
|
Agency: |
The
Licensing Agency of the RTA. |
|
User: |
A
natural person who rents a Vehicle to drive it from one place to another
within the Emirate, and who holds a light Vehicle driving licence recognised
by the RTA. |
|
Vehicle: |
A
light Vehicle that meets the specifications prescribed by the Implementing
Bylaw. |
|
Activity: |
Renting
out Vehicles for a period not exceeding six (6) hours per day to travel
within the Emirate for a prescribed rate. |
|
Establishment: |
A
company or entity authorised to conduct the Activity in the Emirate. |
|
System: |
The Electronic
Information System of Car Rental Agencies. |
|
Person: |
A
natural or legal person. |
|
Permit: |
A document
issued by the Agency, authorising an Establishment to conduct the Activity in
accordance with the conditions and procedures adopted by the RTA in this
regard. |
|
Implementing
Bylaw: |
The
implementing bylaw of this Resolution. |
This
Resolution will have the following objectives:
1. to regulate the Activity through a flexible and effective Vehicle management system;
2. to provide alternative means of
transport that meet the needs and demands of public transport users in the
Emirate;
3. to benefit from Vehicle sharing international
best practices; and
4. to provide highly effective low-cost means
of transport.
a.
No
Person may conduct the Activity in the Emirate without first obtaining a
Permit. The Implementing Bylaw will prescribe the requirements and procedures
for Permit issuance and renewal.
b.
An
Establishment may conduct the Activity only by means of Vehicles so authorised
by the RTA.
c.
The
Permit referred to
in paragraph (a) of this Article will be valid for a renewable period of one
(1) year.
The RTA may, pursuant to a franchise agreement, authorise an Establishment to conduct the Activity in the Emirate. The franchise agreement will provide for the rights and obligations of the parties; method of conducting the Activity; the franchise fee and its method of payment; and any other requirements prescribed by the RTA in accordance with the legislation in force in the Emirate.
An
Establishment must:
1. comply with the terms of the Permit, and the franchise agreement to which it is a party;
2. provide premises and the minimum number of Vehicles and car park spaces commensurate with the nature of the Activity, as prescribed by the Implementing Bylaw;
3. provide user guides and manuals stating the rules and conditions for use of Vehicles and other information;
4. use Vehicles exclusively for the Activity stated in the Permit;
5. display, clearly and legibly on the body of each Vehicle, the name of the Establishment and the maximum number of Passengers permitted in that Vehicle;
6. use the car parks and places designated by the Agency and the concerned entities for conducting the Activity;
7. not stick or hang any advertising material on the body of a Vehicle without first obtaining the relevant written approval from the RTA;
8. obtain, and annually renew, Vehicle licences and insurance pursuant to the relevant legislation in force;
9. comply with the rules and conditions stipulated in the Implementing Bylaw for regulating the work of Establishments;
10. cooperate with the employees of the RTA and concerned Government entities, and provide them with the information, data, and documents they require;
11. not rent out a Vehicle to a person who does not hold a driving licence recognised by the RTA;
12. create registers and documents related to Vehicle movement and locations, prepare the data and statistics prescribed or required by the Agency, and maintain the same for the period prescribed by the Agency;
13. comply with the rates prescribed by the RTA for Vehicle rental;
14. create and maintain paper or electronic records of the periodic maintenance of Vehicles;
15. subscribe to and register on the System, and connect the Establishment’s electronic system to the System in accordance with the relevant procedure approved by the RTA and the concerned entities;
16. not rent out Vehicles to other than the Users registered on the System;
17. use the standard contract approved by the RTA;
18. not assign its Permit to others or amend it without first obtaining the approval of the Agency;
19. not suspend the Activity without first obtaining the approval of the Agency;
20. not rent out a Vehicle for a period exceeding the daily hourly limit allowed per User;
21. provide the RTA with the documents, data, and statistics it requires;
22. equip Vehicles with a geographic tracking system;
23. notify the competent entities of any acts committed by Users that may compromise public security; and
24. perform any other obligations determined by the relevant resolutions issued by the RTA.
A User must:
1. comply with the legislation regulating
road traffic in the Emirate;
2. use the Vehicle in accordance with his
contract with the Establishment;
3. comply with the maximum number of
Passengers permitted, by the Agency, in the Vehicle;
4. notify the concerned entities of any
items found in the Vehicle;
5. not use the Vehicle beyond the period
allowed for use;
6. not permit others to drive the
Vehicle; and
1. perform any other obligations determined by the relevant resolutions issued by the RTA.
In return for issuing Permits and providing services under this Resolution, the RTA will charge the fees prescribed in Schedule (1) attached hereto.
a.
Without
prejudice to any stricter penalty stipulated in any other resolution, any
Person who violates the provisions of this Resolution and the resolutions
issued in pursuance hereof will be punished by the fine indicated opposite that
violation in Schedule (2) attached hereto. Upon repetition of the same
violation within one (1) year from the date of the previous violation, the
amount of fine will be doubled. A fine
must not exceed twenty thousand Dirhams (AED 20,000.00).
b.
In addition to
the penalty of a fine referred to in paragraph (a) of this Article, the RTA may
take one or more of the following actions or measures against a violating
Establishment:
1.
warning;
2.
suspending the Activity for a period not exceeding six (6) months; and/
or
3.
revoking the Permit.
RTA employees nominated pursuant to a
resolution of the Director General will have the capacity of law enforcement
officers to record the acts committed in breach of the provisions of this
Resolution and the resolutions issued in pursuance hereof. For this purpose, they
may access Establishments or any of their facilities; review their registers,
books, and documents; issue the necessary violation reports; and seek the
assistance of the concerned Government entities in the Emirate including police
personnel.
Any
affected party may submit a written grievance to the Director General against
the decisions, procedures, and measures taken against him in accordance with
the provisions of this Resolution and the resolutions issued in pursuance
hereof, within fifteen (15) days from the date of being notified of the
contested decision, procedure, or measure. The grievance will be determined by
a committee formed by the Director General for this purpose, within thirty (30)
days of its submission, and the decision issued by the committee on the
grievance will be final.
The fees
and fines collected pursuant to this Resolution will be paid to the Public
Treasury of the Government of Dubai.
The Director General will issue the Implementing Bylaw and resolutions required for the implementation of the provisions of this Resolution.
Any provision in any other resolution will be repealed to the
extent that it contradicts the provisions of this Resolution.
This Resolution will be published in the
Official Gazette and will come into force sixty (60) days after the date of its
publication.
Hamdan
bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman
of the Executive Council
Issued in Dubai on 5 September
2016
Corresponding to 3 Thu al-Hijjah 1437 A.H.
|
SN |
Description |
Fee (in Dirhams) |
|
1 |
Issuing
or renewing a Permit |
2,000.00 |
|
2 |
Variation
of the details of a Permit |
1,000.00 |
|
3 |
Cancelling
a Permit upon the request of an Establishment |
1,000.00 |
|
4 |
Issuing
a Vehicle operation authorisation |
AED 150.00 per Vehicle |
|
5 |
Revoking
a Vehicle operation authorisation |
AED 100.00 per Vehicle |
|
6 |
Issuing
a replacement for a lost Permit |
100.00 |
|
SN |
Violation |
Fine (in Dirhams) |
|
1 |
Conducting
the Activity without a Permit |
10,000.00 |
|
2 |
Failure
to renew an expired Permit without a reason acceptable to the Agency |
5,000.00 |
|
3 |
Sticking
or hanging any advertising material on the body of a Vehicle without first
obtaining the relevant approval from the RTA |
3,000.00 |
|
4 |
Failure
of a Vehicle to meet the technical requirements |
5,000.00 |
|
5 |
Failure
by an Establishment to provide the minimum required number of Vehicles |
AED 2,000.00 per unprovided Vehicle per month |
|
6 |
Use,
by an Establishment, of a Vehicle for other than the permitted purposes |
4,000.00 |
|
7 |
Obstructing
the work of RTA employees and inspectors |
2,000.00 |
|
8 |
Failure
to maintain the data or documents related to Vehicle movement and locations;
or provision of data and documents which prove to be false, inaccurate, or
inadequate |
5,000.00 |
|
9 |
Assigning,
or varying the details of, a Permit without obtaining the approval of the
Agency |
10,000.00 |
|
10 |
Suspending
the Activity without obtaining the approval of the Agency |
5,000.00 |
|
11 |
Operating
a Vehicle that is not authorised for conducting the Activity |
5,000.00 |
|
12 |
Failure
to provide the RTA with any documents, data, or statistics it requires |
5,000.00 |
|
13 |
Failure
to use the car parks and places designated by the Agency and the concerned
entities for conducting the Activity |
1,000.00 |
|
14 |
Using
a Vehicle beyond the allowed daily hourly limit |
300.00 |
|
15 |
Renting
a Vehicle out to a person who does not hold a driving licence recognised by
the RTA |
1,000.00 |
|
16 |
Failure
to provide Vehicle user guides and instruction manuals, and other information
|
200,00 |
|
17 |
Failure
to equip a Vehicle with a geographic tracking system |
2,000.00 |
|
18 |
Failure
to display, clearly and legibly on the body of a Vehicle, the name of the
Establishment and the maximum number of Passengers permitted in the Vehicle |
2,000.00 |
|
19 |
Failure
to comply with the operation conditions and rules prescribed by the
Implementing Bylaw |
3,000.00 |
|
20 |
Renting
a Vehicle out to other than the Users registered on the System |
2,000.00 |
|
21 |
Failure
to subscribe to or register on the System, or failure to connect the
Establishment’s electronic system to the System in accordance with the
relevant procedure approved by the RTA and the concerned entities |
5,000.00 |
|
22 |
Failure
to maintain the records, data, documents, statistics, and reports related to
periodic maintenance of Vehicles or failure to make them accessible to the
RTA in paper or electronic form |
5,000.00 |
|
23 |
Failure
to comply with the rates prescribed by the RTA for renting out Vehicles |
3,000.00 |
|
24 |
Failure
to comply with the resolutions issued by the RTA in implementation of the
provisions of this Resolution |
2,000.00 |
©2017 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.