Executive Council Resolution No. (18) of 2017
Concerning
Licensing and Regulating the Use of Recreational
Motorcycles 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. (3) of 2003 Establishing the Executive
Council of the Emirate of Dubai;
Law No. (9) of 2004 Concerning the Dubai
International Financial Centre and its amendments;
Law No. (17) of 2005 Establishing the Roads and
Transport Authority and its amendments;
Law No. (25) of 2008 Concerning the Department of
Economic Development;
Law No. (13) of 2011 Regulating the Conduct of
Economic Activities in the Emirate of Dubai and its amendments;
Law No. (23) of 2015 Concerning Disposition of
Impounded Vehicles in the Emirate of Dubai;
Decree No. (22) of 2009 Concerning Special
Development Zones in the Emirate of Dubai;
Decree No. (29) of 2015 Concerning Impoundment of
Vehicles in the Emirate of Dubai;
Regulation No. (4) of 2008 Concerning the Use and Licensing of
Recreational Motorcycles in the Emirate of Dubai and its amendments;
Executive Council Resolution No. (8) of 2008
Establishing the Licensing Agency of the Roads and Transport Authority; and
The legislation establishing and regulating free
zones 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. |
|
DM: |
The Dubai Municipality. |
|
Director General:
|
The director general and chairman of the Board of Executive Directors
of the RTA. |
|
Agency: |
The Licensing Agency of the RTA. |
|
Licensing
Authority: |
The
entity legally authorised to issue commercial licences in the Emirate. |
|
Recreational
Motorcycle: |
A two- or
more-wheeled Vehicle equipped with an internal-combustion engine and designed
for riding on rough terrain such as sand, mud, and rocks for recreational
purposes. |
|
Rental
Agency: |
An
Establishment licensed by the Licensing Authority and authorised by the
Agency to rent out Recreational Motorcycles in the Emirate. |
|
Recreational Motorcycling Track Operator: |
An Establishment licensed by the Licensing Authority, and authorised by the Agency
to manage and operate a Recreational Motorcycling Track and supervise
Recreational Motorcycle riding thereon. |
|
Recreational Motorcycling Track: |
A field of specific dimensions which is designated for use
by Recreational Motorcycles and whose location is determined by the Agency in
coordination with the DM in accordance with the planning regulations adopted
by the DM in this respect. |
|
Permit: |
A document issued by the Agency authorising a Rental
Agency or Recreational Motorcycling Track Operator to conduct its
Activity in the Emirate subject to satisfying the conditions and requirements
prescribed by this Resolution and by the legislation in force in the
Emirate. |
The
provisions of this Resolution will apply in all areas within the Emirate,
including Special Development Zones and free zones such as the Dubai
International Financial Centre.
For
the purposes of this Resolution, the Agency will have the duties and powers to:
1.
license and register Recreational Motorcycles;
2.
issue Permits to Rental Agencies and Recreational
Motorcycling Track Operators in coordination with concerned entities in the
Emirate;
3.
issue, in coordination with the concerned entities
in the Emirate, the approvals required for constructing Recreational
Motorcycling Tracks or conducting events involving Recreational Motorcycles;
4.
raise awareness on the safe and proper use of
Recreational Motorcycles;
5.
audit and inspect persons to whom this Resolution applies, verify
their compliance with its provisions, and take the necessary legal action against
violators; and
6.
perform any other duties or exercise any other
powers required for the implementation of this Resolution.
No
person may ride a Recreational Motorcycle within residential neighbourhoods, on
paved roads within the Emirate, or in any area where Recreational Motorcycle
riding is prohibited by the RTA or any concerned Government entity.
A
Recreational Motorcycle rider must:
1. not be less than
sixteen (16) years of age. A person who is under this age may ride a Recreational Motorcycle
under the supervision and at the own risk of his guardian, provided that the
Recreational Motorcycle is appropriate for
use by persons under sixteen (16)
years of age;
2.
be medically fit to ride a Recreational
Motorcycle;
3. be knowledgeable of
the rules of riding and operating the Recreational Motorcycle;
4. wear Recreational
Motorcycle riding gear, including a protective helmet;
5.
comply with the security and safety conditions and
requirements prescribed by the implementing bylaw of this Resolution; and
6.
meet any other conditions determined by the
implementing bylaw of this Resolution.
a.
A
Recreational Motorcycle owned by an individual will be licensed subject to the
following conditions:
1. the applicant must not be less than twenty-one
(21) years of age;
2. the Recreational Motorcycle must be fit for use as
evidenced by a technical test report issued by the Agency;
3. the applicant must be the owner or the legal possessor
of the Recreational Motorcycle;
4. the fee prescribed for licensing the Recreational
Motorcycle must be paid; and
5. any other conditions prescribed by the
implementing bylaw of this Resolution must be met.
b.
For
a Rental Agency to be issued with a Recreational Motorcycle licence , the
following conditions must be met:
1. the Recreational Motorcycle must be owned by the
Rental Agency as evidenced by official ownership documents;
2. the Permit issued to the Rental Agency must be
valid;
3. the Recreational Motorcycle must be fit for use as
evidenced by a technical test report issued by the Agency;
4. the Recreational Motorcycle and its riders must be
insured against accidents and civil liability under a valid comprehensive
insurance policy issued by an insurance company;
5. the fee prescribed for licensing the Recreational
Motorcycle must be paid; and
6. any other conditions prescribed by the
implementing bylaw of this Resolution must be met.
a.
A
Recreational Motorcycle must be registered with and licensed by the Agency.
b.
The
licence of a Recreational Motorcycle owned by a Rental Agency will be valid for
a term of one (1) year, renewable for the same
period upon an application by the Rental Agency. The application must be
submitted to the Agency at least thirty (30)
days prior to the date of its expiry.
c.
The
implementing bylaw of this Resolution will determine the validity of licences of Recreational Motorcycles
owned by individuals.
a.
A
Permit will be issued in coordination with the concerned entities in accordance
with the conditions and procedures prescribed by the implementing bylaw of this
Resolution.
b.
A
Permit will be valid for a term of one (1) year, renewable for the same period
upon an application by the Rental Agency or the Recreational Motorcycling Track
Operator. The application must be submitted at least thirty (30) days prior to
the date of its expiry.
No person may designate any
location as a Recreational Motorcycling Track or conduct any event involving
Recreational Motorcycles in the Emirate without first obtaining the relevant
approval of the Agency. This approval will be issued in coordination with the
concerned entities in the Emirate in accordance with the requirements and
procedures prescribed by the implementing bylaw of this Resolution.
A Rental Agency must:
1. create a register
to record the names, nationalities, and ages of persons who rent Recreational
Motorcycles; the date, time, and
duration of rental; and any other data the Agency deems required to be recorded;
2.
maintain copies of the licences and ownership documents
of its Recreational Motorcycles and any other documents determined by the
Agency; and produce them upon request;
3.
provide persons who rent Recreational Motorcycles with guidelines on general safety procedures
before riding
them;
4.
comply with the times specified by the Agency for
renting out and riding Recreational Motorcycles;
5.
comply with the Recreational Motorcycle fuel
storage requirements approved by the
concerned entities in the Emirate;
6.
not rent out Recreational Motorcycles to persons who are medically unfit; or persons who are under the age of
sixteen (16) except with the consent
of their guardians and under their supervision;
7.
not rent out any Recreational Motorcycle owned by
others without first obtaining the relevant approval of the Agency;
8.
refuel Recreational Motorcycles only at the places
designated by the Agency;
9.
provide the equipment required for firefighting
and first aid purposes;
10.
observe the health and environment requirements in
conducting the maintenance of
Recreational Motorcycles;
11.
not exceed the number of riders permitted on any Recreational
Motorcycle ;
12.
prepare a list of rental prices for all types of
Recreational Motorcycles;
13.
not permit the use of any unregistered Recreational
Motorcycle;
14.
report any accident involving a Recreational Motorcycle, immediately upon its occurrence, to the concerned
entities, including the
Dubai Police;
15.
verify that the person
to whom a Recreational
Motorcycle will be rented out meets all the conditions stipulated in Article
(5) of this Resolution;
16.
not rent out any Recreational Motorcycle that does
not meet the general safety and
security requirements prescribed by the Agency; and
17. comply with any
other obligations prescribed by the implementing bylaw of this Resolution.
A Recreational Motorcycling Track Operator must:
1. ensure that Recreational Motorcycles used on the Recreational Motorcycling
Track are licensed;
2.
ensure that Recreational Motorcycles run in one
direction on the Recreational Motorcycling Track;
3.
provide safety barriers on both sides of the
track, provided that these barriers do not block the view, and are high enough
to prevent the Recreational Motorcycle from leaping over them;
4.
ensure that the artificial hills within the
Recreational Motorcycling Track are not too steep to the point of compromising
the safety of Recreational Motorcycle riders;
5.
ensure that the turns within the Recreational
Motorcycling Track are not too sharp to the point of compromising the safety of
Recreational Motorcycle riders;
6.
provide protection, safety, and first aid supplies
and equipment required for use by Recreational Motorcycle riders in accordance
with the rules and standards adopted by the Agency in this respect;
7.
appoint qualified persons, in accordance with the
rules and standards adopted by the Agency in this respect, to monitor the
Recreational Motorcycling Track;
8.
classify the Recreational Motorcycling Track based on its
uses, the engine power of the Recreational Motorcycles running on it, and the
age and gender of their riders;
9.
provide the Recreational Motorcycling Track with
the necessary direction and warning signboards;
10.
not make any modifications to the Recreational
Motorcycling Track that may compromise the safety and security of Recreational
Motorcycle riders without first obtaining the relevant approval of the Agency;
11.
demarcate the boundaries and course of the Recreational Motorcycling Track and
install the necessary safety barriers;
12.
notify the concerned entities, including the Dubai
Police, of any accident occurring on the Recreational Motorcycling Track and
resulting in bodily injury;
13.
observe the requirements adopted by the DM in
respect of natural environment and wildlife in the Emirate;
14.
place a plan of the Recreational Motorcycling
Track at its entrances;
15.
not make any modifications to a Recreational Motorcycle for purposes of increasing its speed or
engine noise, or any other
modifications contrary to the specifications prescribed by the Agency; and
16.
meet any other obligations determined by the
implementing bylaw of this Resolution.
The
obligations of organisers of events involving Recreational Motorcycles will be determined by the implementing bylaw of
this Resolution.
In
return for issuing the Permits and
providing the services stated in Schedule (1) attached hereto, the RTA will
charge the fees indicated opposite each of these Permits and services.
a.
Without
prejudice to any stricter penalty stipulated in any other resolution, a person
who commits any of the acts stipulated in Schedule (2) 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 prescribed in
the schedule mentioned in paragraph (a) of
this Article will be doubled. A fine must not exceed thirty thousand Dirhams
(AED 30,000.00).
c.
In
addition to the penalty of a fine referred to in paragraph (a) of this Article,
the RTA may, in coordination with the concerned Government entities in the
Emirate, take one or more of the following actions and measures against a
violator:
1.
suspending the activity of
renting out Recreational Motorcycle for a period not exceeding six (6) months;
2. revoking the Permit;
3. revoking the
Recreational Motorcycle's licence;
4.
impounding the Recreational Motorcycle in
coordination with concerned entities;
5.
closing down the Recreational Motorcycling Track;
and/or
6. cancelling the
event.
Without
prejudice to the power of the Dubai Police personnel to record the acts
committed in breach of the provisions of this Resolution and the resolutions issued
in pursuance hereof, the 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 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 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.
An
owner or a legal possessor of a Recreational Motorcycle; a Rental Agency; and a Recreational Motorcycling
Track Operator to whom this Resolution applies must comply with its provisions
within six (6) months from the effective date hereof.
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.
a.
The
above-mentioned Regulation No. (4) of 2008 is hereby repealed. Any provision in
any other resolution will also be repealed to the extent that it contradicts
the provisions of this Resolution.
b.
The
bylaws and resolutions issued in pursuance of the above-mentioned Regulation
No. (4) of 2008 will continue in force, to the extent that they do not
contradict this Resolution, until new superseding bylaws and resolutions are
issued.
This
Resolution will be published in the Official Gazette and will come into force
on the date 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 14 April 2017
Corresponding to 19 Rajab
1438 A.H.
|
SN |
Description |
Fee (in Dirhams) |
|
1 |
Issuing or renewing a Rental Agency Permit |
1,000.00 |
|
2 |
Issuing or renewing a Recreational Motorcycling Track Operator Permit |
500.00 |
|
3 |
Issuing a replacement for a lost or damaged Permit |
100.00 |
|
4 |
Issuing or renewing a Recreational Motorcycle licence |
150.00 |
|
5 |
Technical testing of a Recreational Motorcycle |
100.00 |
|
6 |
Issuing an approval for a time-bound event involving
Recreational Motorcycles |
AED
1,000.00 per week, for up to four (4) weeks per year (For purposes of collecting this fee, a part
of a week will be rounded up to a full week) |
|
SN |
Violation |
Fine (in Dirhams) |
|
1 |
Conducting the activity of renting out Recreational Motorcycles
without a Permit |
5,000.00 |
|
2 |
Operating a Recreational Motorcycling Track without a Permit |
5,000.00 |
|
3 |
Organising an event involving Recreational Motorcycles without
obtaining the approval of the Agency |
2,000.00 |
|
4 |
Conducting the activity of renting out Recreational Motorcycles with
an expired Permit |
AED
500.00 per month of delay, and up to AED 5,000.00 (For
purposes of collecting this fine, a part
of a month will be rounded up to a full month) |
|
5 |
Failure to comply with the conditions and requirements of the Permit |
2,000.00 |
|
6 |
Riding a Recreational Motorcycle within residential neighbourhoods, on
paved roads, or in any other area where riding Recreational Motorcycles is
prohibited by the RTA or any concerned Government entity |
500.00 |
|
7 |
Riding or renting out a Recreational Motorcycle that does not meet the
security, safety, or environmental requirements prescribed by the Agency |
500.00 |
|
8 |
Riding a Recreational Motorcycle without wearing the proper riding
gear |
500.00 |
|
9 |
Renting out a Recreational Motorcycle to a person who does not meet the
conditions stipulated in this Resolution or its implementing bylaw |
1,000.00 |
|
10 |
Riding a Recreational Motorcycle that is not licensed, whose licence
is expired, or that does not have a number plate |
500.00 |
|
11 |
Failure by a Rental Agency to provide insurance coverage to the riders of a
Recreational Motorcycle owned by it, or failure to renew the insurance coverage upon its
expiry |
AED
500.00 per Recreational Motorcycle |
|
12 |
Making any modifications to a Recreational Motorcycle for purposes of
increasing its speed or engine noise, or any other modifications contrary to the
specifications prescribed by the Agency |
2,000.00 |
|
13 |
Failure to notify the concerned entities of any accident occurring on
the Recreational Motorcycling Track and resulting in bodily injury |
2,000.00 |
|
14 |
Failure to provide the protection, safety, and first aid supplies and
equipment required for use by Recreational Motorcycle riders within the
Recreational Motorcycling Track |
1,000.00 |
|
15 |
Failure by a Rental Agency to comply with the conditions adopted by
the concerned entities in the Emirate for storing
Recreational Motorcycle fuel |
1,000.00 |
|
16 |
Failure by a Rental Agency to comply with the
requirement to refuel Recreational Motorcycles only in the places
designated by the Agency |
1,000.00 |
|
17 |
Renting out, by a Rental Agency, of a Recreational Motorcycle that is
owned by others without first obtaining the relevant approval of the Agency |
1,000.00 |
|
18 |
Failure to comply with the resolutions and instructions issued by the
RTA in respect of Recreational Motorcycles |
1,000.00 |
©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.