Executive
Council Resolution No. (6) of 2016
Regulating
Passenger
Transport by Cars 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. (5) of 1994 Establishing the Dubai Transport Corporation and its amendments;
Law No. (5) of 1995 Establishing the Department of Finance;
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 and its amendments;
Law No. (9) of 2006 Affiliating
the Dubai Transport Corporation to
the Roads and Transport Authority;
Law No. (10) of 2007 Authorising the
Chairman of the Executive Council to Issue Regulations Governing Passenger
Transport by Taxicabs in the Emirate of Dubai;
Decree No. (29) of 2015 Concerning Impoundment of Vehicles in the
Emirate of Dubai; and
Regulation No. (1) of 2007 Concerning Passenger Transport by
Taxicabs in the Emirate of Dubai,
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. |
|
PTA: |
The Public Transport Agency of the RTA. |
|
Taxicab: |
A Vehicle designated for transporting Passengers in
return for a fare charged in accordance with the Tariff prescribed by the RTA. |
|
Luxury Cab: |
A Vehicle designated for transporting Passengers which
meets the standards and requirements determined by the RTA, and which is used
pursuant to an agreement determining the fare, duration, and destination of a
trip. |
|
Activity: |
Transporting Passengers by Taxicabs and Luxury Cabs. |
|
Establishment: |
A company or corporation licensed in the Emirate to
conduct the Activity. |
|
Passenger: |
A natural person who uses a Taxicab or a Luxury Cab. |
|
Tariff: |
The fare scheme prescribed by the PTA for transporting
Passengers by Taxicabs. |
|
Taximeter: |
A device approved by the RTA and installed in
Taxicabs which displays the fare that must be paid in return for using Taxicabs. |
|
Franchise Agreement: |
An agreement whereby the RTA appoints an
Establishment to provide the service of Passenger transport by Taxicabs or
Luxury Cabs in accordance with the relevant agreed terms and conditions. |
|
Person with Disability: |
A person suffering from a permanent or temporary,
total or partial physical, mental, sensory, communicative, learning, or
psychological deficiency or impairment that may prevent him from meeting his
ordinary needs as his non-disabled peers would under the same conditions. |
The PTA will have the duties and powers to:
1. determine applications for authorisations
governed by the
provisions of this Resolution;
2. determine the number of cars that an
Establishment may use in conducting the Activity;
3. conclude Franchise Agreements to provide
Passenger transport services by Taxicabs and Luxury Cabs, and assess their
efficiency, effectiveness, safety, and quality;
4. establish and approve the technical standards
and safety standards required for operating Taxicabs and Luxury Cabs;
5. determine the requirements for facilitating
the use of Taxicabs and Luxury Cabs by Persons with Disabilities;
6. monitor compliance by Establishments with the
terms of the authorisations issued by the PTA, and with the terms of the Franchise
Agreements concluded with them;
7. create a database of the service of Passenger transport
by Taxicabs and Luxury Cabs, and conduct specialised studies to develop and
improve this service in the Emirate;
8. organise training courses required for the
qualification of Taxicab and Luxury Cab drivers; and
9. perform any other duties required for
regulating the Activity in the Emirate.
a. For purposes of this Resolution, the PTA will
issue the following authorisations:
1. an authorisation to conduct the Activity in the Emirate;
2. a temporary authorisation to transport Passengers from the Emirate to
other emirates by cars that are not licensed in the Emirate;
3. an authorisation to work as a Taxicab driver;
4. an authorisation to work as a Luxury Cab driver; and
5. an authorisation to provide the service of on-demand Passenger
transport by cars, requested through telephone calls, electronic media,
smart applications, or any other method.
b. The authorisations referred to in paragraphs (a)(1), (a)(3), (a)(4),
and (a)(5) of this Article will be valid for a term of one (1) year renewable
for the same period.
c. The authorisation referred to in paragraph (a)(2) of this
Article will be valid for a term of one (1) month renewable for the same period.
d. The PTA will determine the terms, procedures,
and requirements that must be satisfied; and the documents that must be submitted,
for issuing the authorisations referred to in paragraph (a) of this Article.
a. The RTA may, in coordination with the
Department of Finance, authorise an Establishment to provide, pursuant to a Franchise
Agreement, the service of Passenger transport by Taxicabs and Luxury Cabs
within the Emirate or between the Emirate and other emirates. The Franchise
Agreement will stipulate the rights and obligations of the parties, the
franchise fee and its method of payment, and any other relevant terms the RTA
deems appropriate.
b. When concluding a Franchise Agreement, the provisions
and procedures stipulated in the above-mentioned Law No. (6) of 1997 and the
legislation in force in the Emirate must be observed; and fair competition
amongst all Establishments that are prequalified to provide the service of
Passenger transport by Taxicabs and Luxury Cabs must be ensured. Integrity,
transparency, and impartiality must be ensured in Franchise Agreement
procedures.
The following acts are hereby prohibited:
1. conducting the Activity in the Emirate without
first obtaining the relevant authorisation from the PTA;
2. driving Taxicabs and Luxury Cabs without first
obtaining the relevant authorisation from the PTA and completing the relevant training
courses approved by the PTA;
3. transporting Passengers for a consideration using
cars which are not licensed in the Emirate to conduct the Activity;
4. transporting Passengers from the Emirate to
other emirates using Vehicles which are not licensed in the Emirate for such purpose
without first obtaining the relevant authorisation from the PTA;
5. providing the service of on-demand Passenger transport
by cars, requested through telephone calls, electronic media,
smart applications, or any other method without first obtaining the relevant
authorisation from the PTA;
6. promoting the service of Passenger transport by
cars which are not licensed in the Emirate to conduct the Activity, or advertising this
service by calling out to Passengers or by any other method;
7. transporting Passengers by Taxicab without operating
the Taximeter installed in it at the beginning of each
trip;
8. operating a Taxicab without a Taximeter installed in it, or tampering with the Taximeter with the intent of changing the Tariff prescribed by the PTA;
9. operating a Luxury Cab as a Taxicab or vice
versa; and
10. operating a Taxicabs or Luxury Cab without first
satisfying the conditions and requirements determined by the RTA, particularly safety
requirements.
In return for issuing the authorisations and providing the services stated in Schedule
(1) attached hereto, the RTA will charge the fees indicated
opposite each of these
authorisations and services.
a.
Without
prejudice to any stricter penalty stipulated in any other resolution, a person
who commits any of the acts stated
in Schedule (1) attached hereto
will be punished by the fine indicated opposite that act.
b.
Upon repetition
of the same violation within one (1) year from the date of the previous
violation, the amount of the fine referred to in paragraph (a) of this Article
will be doubled. The fine must not exceed three hundred thousand Dirhams (AED
300,000.00).
c.
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 and measures against a violator:
1.
suspending
the Activity for a period not exceeding six (6) months;
2.
suspending
the driving licence for a period not exceeding six (6) months;
3.
suspending
the authorisation to work as a Taxicab or Luxury Cab driver for a period not
exceeding six (6) months;
4.
revoking the
authorisation to work as a Taxicab or Luxury Cab driver;
5.
impounding
the car used in committing the violation for a period not exceeding six (6)
months; and/ or
6.
revoking the
authorisation and coordinating with the competent commercial licensing
authority to cancel the commercial licence.
d.
The RTA may,
pursuant to a written request submitted to it by a driver or an entity whose
authorisation is revoked, issue a new authorisation after the lapse of one (1)
year from the date of the revocation of the previous authorisation. The new
authorisation will be issued in accordance with the relevant procedures and
rules adopted by the RTA.
e.
An authorisation
of a violating driver may not be renewed unless he completes the relevant
training courses prescribed by the PTA.
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 issue the necessary violation reports, and, where
necessary, seek the assistance of police personnel.
Any
affected party may submit to the Director
General a written grievance against any decision, procedure, or measure taken
against him in accordance with this Resolution or the resolutions issued in
pursuance hereof, within thirty (30) 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.
Regulation
No. (1) of 2007 Concerning Passenger Transport by Taxicabs in the Emirate of
Dubai is hereby repealed. Any provision in any other resolution will also be
repealed to the extent that it contradicts the provisions of this Resolution.
The
Director General will issue the resolutions required for the implementation of
this Resolution.
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 March 2016
Corresponding
to 27 Jumada al-Ula 1437 A.H.
|
SN |
Description |
Fee (in Dirhams) |
|
1 |
Issuing or renewing an authorisation to conduct the
Activity in the Emirate |
1,000.00 |
|
2 |
Issuing, renewing, or amending an authorisation to work
as a Taxicab or Luxury Cab driver |
200.00 |
|
3 |
Issuing a temporary authorisation to transport
Passengers from the Emirate to other emirates using cars that are not
licensed in the Emirate |
300.00 per Vehicle per month |
|
4 |
Issuing or renewing an authorisation to provide the
service of on-demand Passenger transport by cars, requested through telephone
calls, electronic media, smart applications, or any other method |
500.00 |
|
5 |
Issuing a true copy of any document or instrument related
to the implementation of this Resolution |
100.00 |
|
6 |
Issuing a clearance certificate |
100.00 |
|
7 |
Issuing a ‘To Whom It May Concern’ certificate |
100.00 |
|
8 |
Issuing a replacement of any lost or damaged
document |
200.00 |
|
9 |
Scheduling a driving test appointment for a Taxicab
or Luxury Cab driver |
100.00 |
|
10 |
Assessment of a used car for approval to be used as
a Luxury Cab |
1,500.00 |
|
SN |
Violation |
Fine (in Dirhams) |
|
1 |
Conducting the Activity in the Emirate without first
obtaining the relevant authorisation from the PTA |
50,000.00 |
|
2 |
Operating a Taxicab or a Luxury Cab without first
obtaining the relevant authorisation from the PTA |
20,000.00 |
|
3 |
Allowing a person who does not hold an authorisation
from the PTA to operate a Taxicab or a Luxury Cab |
20,000.00 |
|
4 |
Violation by an Establishment of the terms of the
authorisation issued by the PTA |
5,000.00 |
|
5 |
Violation by a Taxicab or Luxury Cab driver of the
terms of the authorisation issued by the PTA |
2,000.00 |
|
6 |
Transporting Passengers for a consideration by
Vehicles which are not licensed in the Emirate to conduct the Activity |
5,000.00 |
|
7 |
Transporting Passengers from the Emirate to other
emirates by cars which are not licensed in the Emirate to conduct the
Activity without first obtaining the relevant authorisation from the PTA |
20,000.00 |
|
8 |
Promoting the service of Passenger transport by cars
which are not licensed in the Emirate to conduct the Activity, or advertising
this service by calling out to Passengers or by any other method |
5,000.00 |
|
9 |
Providing the service of on-demand Passenger transport
by cars, requested through telephone calls, electronic media, smart applications,
or any other method without first obtaining the relevant authorisation from
the PTA |
5,000.00 |
|
10 |
Transporting Passengers by a Taxicab without operating
the Taximeter installed in it at the beginning of a trip |
2,500.00 |
|
11 |
Operating a Taxicab without installing a Taximeter in
it, or tampering
with the Taximeter installed
in the Taxicab with the intent of changing the Tariff prescribed by the PTA |
25,000.00 |
|
12 |
Operating Luxury Cabs as Taxicabs or vice versa |
20,000.00 |
|
13 |
Operating a Taxicab or a Luxury Cab without satisfying
the requirements prescribed by the RTA, particularly safety requirements |
5,000.00 |
©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.