Executive Council Resolution
No. (47) of 2017
Regulating the Activities of
Transportation by, and Rental
of, Vehicles in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
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;
Federal Law No. (9) of 2011
Concerning Land Transport and its Implementing Bylaw;
Federal Law No. (2) of 2015
Concerning Commercial Companies;
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. (14) of 2009
Concerning the Pricing of Government Services in the Emirate of Dubai and its
amendments;
Law No. (13) of 2011
Regulating the Conduct of Economic Activities in the Emirate of Dubai and its
amendments;
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;
Law No. (12) of 2016
Regulating the Security Industry in the Emirate of Dubai;
Decree No. (22) of 2005
Concerning Use of the Electronic Information System of Car Rental Agencies;
Decree No. (22) of 2009 Concerning
Special Development Zones in the Emirate of Dubai;
Executive Council Resolution
No. (8) of 2008 Establishing the Licensing Agency of the Roads and Transport
Authority;
Executive Council Resolution
No. (15) of 2012 Approving the Violations and Fines Schedule for the Electronic
Information System of Car Rental Agencies;
Executive Council Resolution
No. (64) of 2016 Approving the Organisational Structure 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. |
|
Director General: |
The Director General and Chairman of the Board of
Executive Directors of the RTA. |
|
Agency: |
The Licensing Agency of the RTA. |
|
Activity: |
Any of the activities which an Establishment is
authorised to conduct and which are stated in Schedule (1) attached hereto or
determined pursuant to a resolution of the Director General. |
|
Establishment: |
A company or sole proprietorship authorised to
conduct the Activity in the Emirate. |
|
System: |
The
Electronic Information System of Car Rental Agencies regulated by the
above-mentioned Decree No. (22) of 2005. |
|
Vehicle: |
Any
motorised machine, Pedal Cycle, Motorcycle, Carriage, or other machine
designed to run on Roads, whether mechanically propelled or otherwise. This
includes Tractors. |
|
Permit: |
A
document issued by the Agency authorising an Establishment to conduct the
Activity in the Emirate. |
|
Logistic
Services: |
The
services related to the management, planning, and control of the flow of
goods and services from points of origin to points of consumption. These
include customs clearance, land freight, warehousing, sorting, packaging,
distribution, and transshipment. |
This Resolution will apply to the Establishments operating
in the Emirate, including Special Development Zones and free zones such as the
Dubai International Financial Centre.
a. No Person may conduct the
Activity in the Emirate without first obtaining a Permit. This does not apply
to Government Entities.
b. A Permit will be valid for a
renewable period of one (1) year. A renewal application must be submitted at
least thirty
(30) days prior to the date of its expiry.
c. The implementing bylaw of
this Resolution will determine the conditions, procedures, and requirements
that must be met, and the documents that must be provided, for a Permit to be
issued.
The Agency will have the duties and powers to:
1.
determine Permit applications;
2.
determine the number of Vehicles that an
Establishment may use in conducting the Activity;
3.
monitor compliance by Establishments with the
terms of their Permits;
4.
create a database of the Activities,
Establishments, and Vehicles to which this Resolution applies; and
5.
exercise any other duties or powers required
for regulating the Activity in the Emirate.
An Establishment must:
1. provide office space,
Vehicles, and car parks that are appropriate for the authorised Activity, and
that are in conformity with the rules and standards prescribed by the
implementing bylaw of this Resolution;
2. comply with the rules of
conducting the Activity stated in its Permit;
3. inscribe, clearly and legibly
on the body of each Vehicle, the name of the Establishment and the kerb and
gross weight of the Vehicle;
4. not stick or hang any
advertising material on the body of a Vehicle without first obtaining the
relevant approval of the Agency;
5. not assign the Permit to others
or dispose of it, in any manner whatsoever, without first obtaining the
relevant approval of the Agency;
6. have its Vehicles inspected
and their licences renewed on an annual basis;
7. subscribe to and register on
the System;
8. obtain the required permits
and authorisations from the concerned Government Entities in the Emirate;
9. install the Vehicle tracking
system adopted by the Security Industry Regulatory Agency;
10. have the Vehicles used to
conduct the Activities stated in Schedule (1) attached hereto inspected, and have
their licences renewed at the appropriate service centres in the Emirate;
11. notify the Agency of its
intention to suspend the Activity sixty (60) days prior to the scheduled date
of suspension. The suspension period must not exceed one (1) year, but may be
extended upon the approval of the Agency;
12. in conducting the Activity,
use the car parks and places designated by the RTA and the competent entities
in the Emirate;
13. comply with the bylaws,
resolutions, and instructions issued by the RTA in respect of conducting the
Activity;
14. cooperate with RTA employees
and authorised representatives; and provide the Agency with the information, data,
and documents it requires;
15. comply with the Vehicle technical
requirements prescribed by the implementing bylaw of this Resolution; and
16. comply with any other
obligations prescribed by the implementing bylaw of this Resolution.
In accordance with the exigencies of public interest, the
RTA may take the procedures and measures it deems appropriate to redress or
avert the negative impacts that may be caused by the Vehicles of an
Establishment whether on Road traffic and safety, on Road users, or on public
health and safety and the environment. The RTA will not be responsible for any
consequences or liabilities, nor will it be liable for compensation for any
damage, arising from these procedures or measures.
In return for issuing the Permits and providing the
services stated in Schedule (2) attached hereto, the Agency 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 violates any
of the provisions of this Resolution, its implementing bylaw, or the
resolutions issued in pursuance thereof will be punished by the fines indicated
in Schedule (3) attached hereto. Upon repetition of the same violation within
one (1) year from the date of the previous violation, the amount of the 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 measures and actions against a violator:
1.
serving
a written warning;
2.
suspending
the Activity for a period not exceeding six (6) months; and/ or
3.
revoking
the Permit.
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, its
implementing bylaw, and the resolutions issued in pursuance thereof. For this
purpose, they may access Establishments or any of their facilities; inspect
their Vehicles; review their registers 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 its implementing
bylaw, within fifteen (15) days from the date of being notified of the
contested decision, procedure, or measure. The grievance will be determined,
within thirty (30) days from the date of its submission, by a committee formed by
the Director General for this purpose, 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.
All Establishments conducting the Activity by the effective
date of this Resolution must comply with the provisions of this Resolution
within a period not exceeding one (1) year from that effective date. The
Director General may, where required, extend this grace period once for the
same period.
The Director General will issue the implementing bylaw and
resolutions required for the implementation of the provisions of this
Resolution. The implementing bylaw and resolutions will come into force only
upon publication in the Official Gazette of the Government of Dubai.
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 15 June 2017
Corresponding
to 20 Ramadan 1438 A.H.
|
SN |
Activity |
|
1 |
Transport of
Passengers by buses on international lines |
|
2 |
Sale of goods by
Vehicles |
|
3 |
Transport of
money, jewellery, and precious items |
|
4 |
Transport of
water |
|
5 |
Transport by
refrigerated Vehicles |
|
6 |
Transport by
special-purpose Vehicles |
|
7 |
Transport of
goods by heavy trucks |
|
8 |
Transport of
goods by light trucks |
|
9 |
Towing and
transport of broken-down Vehicles |
|
10 |
Transport by
Vehicles designed for collecting, removing, and transport of garbage |
|
11 |
Transport of documentation |
|
12 |
Transport by
sewage water and vacuum tankers |
|
13 |
Towing and
transport of broken-down Motorcycles |
|
14 |
Transport of
animals |
|
15 |
Transport of
animal fodder and feed |
|
16 |
Transport of
explosives |
|
17 |
Transport of
Passengers by classic cars |
|
18 |
Transport of
hazardous materials |
|
19 |
Land transport
of raw materials |
|
20 |
Transport of
radioactive materials |
|
21 |
Transport of
Vehicles |
|
22 |
Transport of
petroleum products |
|
23 |
Transport of new
and used furniture |
|
24 |
Transport of
mail and parcels |
|
25 |
Land transport
and towing of boats |
|
26 |
Renting out
buses |
|
27 |
Renting out
special-purpose Vehicles |
|
28 |
Renting out
wheeled motorised lifting, loading, building, and construction equipment |
|
29 |
Renting out caravans |
|
30 |
Renting out
general-purpose trucks |
|
31 |
Renting out
Vehicle transporters |
|
32 |
Renting out
driving test Vehicles |
|
33 |
Renting out
Vehicles |
|
34 |
Renting out
refrigerated Vehicles |
|
35 |
Renting out
electric bikes |
|
36 |
Renting out Motorcycles |
|
37 |
Renting out Pedal
Cycles |
|
38 |
Renting out
liquefied gas tankers |
|
39 |
Renting out
sewage water and vacuum tankers |
|
40 |
Renting out
Vehicles designed for collecting, removing, and transporting garbage |
|
41 |
Renting out race
cars |
|
42 |
Renting out
private cars with drivers |
|
43 |
Transport of the
sick and elderly in non-emergency cases |
|
44 |
Mobile Vehicle
maintenance services (mechanical, electrical, tyres, AC) |
|
45 |
On-road heavy lift
solution services |
|
46 |
Vehicle registration
services |
|
47 |
Training
services and activities related to transport |
|
48 |
Coordinating and
providing home delivery services |
|
49 |
Logistic
Services |
|
50 |
Distribution of
Vehicle fuel |
|
51 |
Domestic gas
distribution |
|
52 |
Fleet Vehicles
management |
|
SN |
Description |
Fee (in
Dirhams) |
|
1 |
Issuing, or
renewal of, a Permit |
1,000.00 |
|
2 |
Issuing a Permit
to conduct the fleet Vehicles management Activity |
5,000.00 |
|
3 |
Issuing or
renewing an authorisation for an Establishment to open a counter |
300.00 |
|
4 |
Revoking an Establishment's
counter authorisation |
100.00 |
|
5 |
Cancelling an
Activity |
100.00 |
|
6 |
Revoking a
Permit |
100.00 |
|
7 |
Assignment of a
Permit |
100.00 |
|
8 |
Issuing a
replacement for a lost or damaged Permit |
100.00 |
|
9 |
Approving a
business relocation |
100.00 |
|
10 |
Approving
training on the System |
100.00 |
|
11 |
Issuing a letter
to the notary public approving the memorandum of association of an
Establishment |
100.00 |
|
12 |
Issuing a ‘To
Whom It May Concern’ certificate |
50.00 |
|
13 |
Issuing a
transport activities classification manual |
50.00 |
|
14 |
Issuing a list
of Establishments operating in the Emirate |
50.00 |
|
15 |
Variation of the
details of a Permit |
500.00 |
|
16 |
Attestation of
an annual contract to conduct the fleet Vehicles management Activity |
200.00 |
|
17 |
Application for
suspension of Activity |
100.00 |
|
18 |
Application for
resumption of a suspended Activity |
100.00 |
|
SN |
Violation |
Fine (in
Dirhams) |
|
1 |
Conducting the
transport Activity or renting out trucks, tankers, or heavy machinery without
a Permit |
10,000.00 |
|
2 |
Conducting the
transport Activity or renting out buses and towing Vehicles without a Permit |
8,000.00 |
|
3 |
Conducting the
Activity of transport by, or renting out, Vehicles without a Permit |
5,000.00 |
|
4 |
Conducting the Activity
of transport by, or renting out, bikes without a Permit |
3,000.00 |
|
5 |
Conducting the
Activity with an expired Permit |
AED
1,000.00 per month of delay |
|
6 |
Sticking or
hanging any advertising material on the body of a Vehicle without first
obtaining the relevant approval of the Agency |
5,000.00 |
|
7 |
Failure of a
Vehicle to meet the technical requirements |
3,000.00 |
|
8 |
Using a Vehicle
for other than authorised purposes |
4,000.00 |
|
9 |
Obstructing the
work of RTA employees or inspectors |
500.00 |
|
10 |
Failure to
inscribe clearly and legibly the name of the Establishment and the kerb and
gross weight on the body of the Vehicle |
500.00 |
|
11 |
Failure to
provide office space that is appropriate for the Activity |
500.00 |
|
12 |
Suspending the
Activity, assigning the Permit, making any modifications to the Permit, or
disposing of a Permit in any manner whatsoever, without first obtaining the
relevant approval of the Agency |
500.00 |
|
13 |
Failure to
produce, upon request, a copy of the Vehicle operation order |
500.00 |
|
14 |
Failure to
maintain the books and records required for conducting the Activity |
500.00 |
|
15 |
Failure to
provide the Agency with the information, documents, data, and statistics that
the Agency requires and deems necessary to access |
500.00 |
|
16 |
Parking or using
Vehicles in unauthorised areas |
200.00 |
|
17 |
Violating any
bylaws, resolutions, or instructions issued by the RTA in respect of
conducting the Activity |
2,000.00 |
|
18 |
Failure to
comply with the terms of conducting the Activity stated in the Permit, or
conducting any Activity other than thatstated in the Permit |
3,000.00 |
|
19 |
Failure to
install the Vehicle tracking system adopted by the Security Industry
Regulatory Agency |
4,000.00 |
|
20 |
Failure to have
the Vehicles used in conducting the Activities stated in Schedule (1)
attached hereto inspected, or failure to have their licences renewed at the appropriate
service centres in the Emirate |
3,000.00 |
|
21 |
Managing fleet
Vehicles without a Permit |
10,000.00 |
|
22 |
Opening an
Establishment's counter without an authorisation or with an expired
authorisation |
700.00 |
©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.