Administrative Resolution No. (478) of 2018 Issuing the

Implementing Bylaw of Executive Council Resolution No. (18) of 2017

Concerning Licensing and Regulating the Use of

Recreational Motorcycles in the Emirate of Dubai[1]

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The Director General and Chairman of the Board of Executive Directors,

After perusal of:

Law No. (17) of 2005 Establishing the Roads and Transport Authority and its amendments;

Executive Council Resolution No. (8) of 2008 Establishing the Licensing Agency of the Roads and Transport Authority; and

Executive Council Resolution No. (18) of 2017 Concerning Licensing and Regulating the Use of Recreational Motorcycles in the Emirate of Dubai,

Does hereby issue this Resolution.

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:

Emirate:

The Emirate of Dubai.

RTA:

The Roads and Transport Authority.

DM:

The Dubai Municipality.

Resolution:

Executive Council Resolution No. (18) of 2017 Concerning Licensing and Regulating the Use of Recreational Motorcycles in the Emirate of Dubai.

Agency:

The Licensing Agency of the RTA.

Licensing Authority:

The entity legally authorised to issue commercial licences in the Emirate.

Concerned Entity:

Any Government entity having jurisdiction, under the legislation in force, to issue the approvals required for obtaining Permits from the Agency to use Recreational Motorcycles and Recreational Motorcycling Tracks, or to operate Rental Agencies.

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 Motorcycles 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 the Resolution and by the legislation in force in the Emirate.

Recreational Motorcycle User Manual:

A booklet prepared by a Rental Agency, and approved by the Agency, containing information on how to use Recreational Motorcycles and on the safety and security measures to be taken upon riding thereon.

Temporary Event:

A Recreational Motorcycle riding event that is organised in the Emirate for a limited period of time regardless of its venue.

Security and Safety Conditions and Requirements

Article (2)

In addition to the Recreational Motorcycle riding conditions stipulated in the Resolution, the following must be observed upon riding a Recreational Motorcycle:

1.    the number of riders permitted on the Recreational Motorcycle must not be exceeded;

2.    Recreational Motorcycle riders must ride only within the area designated for their respective age groups on the Recreational Motorcycling Track;

3.    riders of Recreational Motorcycles must comply with the age-based classification of Recreational Motorcycles set out in the Table attached hereto;

4.    Recreational Motorcycles must not be modified in any way that may result in increasing its prescribed speed or its engine starting and running noise; and

5.    riders of Recreational Motorcycles must not deliberately perturb or intimidate others while motorcycling.

Registration and Licensing

Article (3)

Upon passing the prescribed technical inspection, the licence of a Recreational Motorcycle owned by an individual will be valid for a renewable term of three (3) years. Application for renewal must be submitted by the owner of the Recreational Motorcycle to the Agency no later than thirty (30) days from the date of expiry of the licence.

Conditions for Issuing Permits to Rental Agencies

Article (4)

To be issued a Permit, a Rental Agency must:

1.    obtain an initial approval from the Licensing Authority for conducting the activity of renting out Recreational Motorcycles;

2.    open a single traffic file for all the Recreational Motorcycles it owns;

3.    provide at least twenty (20) Recreational Motorcycles for each age group as per the age-based classification set out in the Table attached hereto;

4.    ensure that a first-time registered Recreational Motorcycle is not more than four (4) years old, and that it passes the technical inspection prescribed by the Agency; and

5.    sign the undertaking prepared by the Agency with respect to complying with the conditions and requirements for conducting the activity of renting out Recreational Motorcycles.

Procedures for Issuing Permits to Rental Agencies

Article (5)

A Permit will be issued to a Rental Agency as per the following procedures:

1.    An application for a Permit will be submitted to the Agency on the form it prescribes for this purpose, supported by the following documents:

a.    where the applicant is a UAE national, copies of his passport and family book (Khulasat Qaid);

b.    where the applicant is a non-UAE national, copies of his passport and residence visa;

c.     a copy of the applicant's Emirates Identity Card; and

d.    for non-UAE nationals, a no-objection certificate from the sponsor.

2.    The Agency will consider the application and verify that it meets the prescribed requirements and is supported by the required documents. The Agency may require any other documents it may deem necessary for determining the application.

3.    Where the application for a Permit is approved, the applicant will be instructed to pay the relevant prescribed fees and will be issued the Permit upon payment of these fees.

Obligations of Rental Agencies

Article (6)

In addition to the obligations stipulated in the Resolution, a Rental Agency must:

1.    provide Recreational Motorcycle riding gear in various sizes;

2.    provide parking spaces designated for Recreational Motorcycles and obtain the relevant required approvals from the Concerned Entities in the Emirate;

3.    not use or rent out any Recreational Motorcycle for more than four (4) years;

4.    not rent out any Recreational Motorcycle whose licence is expired;

5.    prepare a Recreational Motorcycle User Manual and submit the same to the Agency for approval; and

6.    notify the Agency of its intention to cease the activity.

Conditions for Issuing Permits to Recreational Motorcycling Track Operators

Article (7)

To be issued a Permit, a Recreational Motorcycling Track Operator must:

1.    obtain an initial approval from the Licensing Authority for conducting the activity of operating a Recreational Motorcycling Track;

2.    open a single traffic file for all the Recreational Motorcycles it owns;

3.    obtain the required approvals from the Concerned Entities in the Emirate, including the Directorate General of Civil Defence in Dubai's approval of the plan of the Recreational Motorcycling Track and the fuel pumps locations thereon;

4.    provide at least twenty (20) Recreational Motorcycles for each age group as per the age-based classification set out in the Table attached hereto;

5.    ensure that the land plot to be used as a Recreational Motorcycling Track is allocated for such activity as per the relevant planning regulations adopted by the DM;

6.    ensure the exploitation period of the land plot to be used as a Recreational Motorcycling Track is not less than five (5) years;

7.    sign the undertaking prepared by the Agency with respect to complying with the conditions and requirements for conducting the activity of operating a Recreational Motorcycling Track;

8.    ensure that the area of the Recreational Motorcycling Track is not be less than eighty-three thousand and four hundred square meters (83,400 m2) and that the track is designed by a specialised consultancy company; and

9.    ensure that the Recreational Motorcycling Track is designed for recreational purposes only and not for racing purposes.

Procedures for Issuing Permits to Recreational Motorcycling Track Operators

Article (8)

A Permit will be issued to a Recreational Motorcycling Track operator as per the following procedures:

1.    An application for Permit will be submitted to the Agency on the form it prescribes for this purpose, supported by the following documents:

a.    where the applicant is a UAE national, copies of his passport and family book (Khulasat Qaid);

b.    where the applicant is a non-UAE national, copies of his passport and residence visa;

c.     a copy of the applicant's Emirates Identity Card;

d.    for non-UAE nationals, a no-objection certificate from the sponsor;

e.    an initial approval of the DM for using the land plot as a Recreational Motorcycling Track accompanied by the map of the plot. This initial approval must state the exploitation period of the land plot; and

f.      a plan of the Recreational Motorcycling Track containing its specifications and all relevant details, such as the expected construction completion date and the operational plan.

2.    The Agency will consider the application and verify that it meets the prescribed requirements and is supported by the required documents. The Agency may require any other documents it may deem necessary for determining the application.

3.    Where the application for a Permit is approved, the applicant will be instructed to pay the relevant prescribed fees, and will be issued the Permit upon payment of these fees.

Obligations of Recreational Motorcycling Track Operators

Article (9)

In addition to its obligations stipulated in the Resolution, a Recreational Motorcycling Track Operator must:

1.    ensure that the number of riders permitted on any Recreational Motorcycle is not exceeded;

2.    provide Recreational Motorcycle riding gear in various sizes;

3.    provide information signs showing how to ride a Recreational Motorcycle or provide a trainer to demonstrate how to ride Recreational Motorcycles to all age groups;

4.    provide the Recreational Motorcycling Track with the necessary information and warning signs;

5.    obtain the relevant licences for constructing the Recreational Motorcycling Track from the Concerned Entities;

6.    refrain from leaving Recreational Motorcycles on the Recreational Motorcycling Track in a way that may violate the safety and security requirements or endanger others;

7.    repair and maintain Recreational Motorcycles only at the areas designated by the Agency and the Concerned Entities;

8.    not allow others to use their Recreational Motorcycles that do not satisfy the prescribed rules and conditions on the Recreational Motorcycling Track;

9.    dispose of waste oils and old spare parts of Recreational Motorcycles only at the areas determined by the Concerned Entities; and

10.  notify the Agency of its intention to cease the activity at least two (2) months prior to the cessation date.

Conditions for Issuing Temporary Event Approvals

Article (10)

To be issued an approval for a Temporary Event involving Recreational Motorcycles, the organiser of the Temporary Event must:

1.    be a company specialised in organising events and licensed to conduct an activity related to riding Recreational Motorcycles;

2.    obtain the required approvals from the Concerned Entities in the Emirate;

3.    specify the duration of the Temporary Event that must not be longer than one (1) month per year;

4.    specify the area and boundaries of the venue where the Temporary Event will be held; and

5.    obtain the approval of the DM for using the land where the Temporary Event will be held.

Procedures for Issuing Temporary Event Approvals

Article (11)

An application for a Temporary Event approval will be submitted to the Agency on the form it prescribes for this purpose, supported by the following documents:

1.    copy of the trade licence of the company organising the Temporary Event stating the partners' names;

2.    a letter issued by the company organising the Temporary Event and signed by the authorised signatory as specified by the trade licence; and

3.    a statement containing all details of the Temporary Event, including the duration, purpose, and programme of the event, and the number of the Recreational Motorcycles expected to participate in the event.

Obligations of Organisers of Temporary Events

Article (12)

An organiser of a Temporary Event must:

1.    comply with the timings set by the Agency or Concerned Entities for driving Recreational Motorcycles during the Temporary Event;

2.    hold the Temporary Event at the specified venue;

3.    comply with the number of Recreational Motorcycles permitted to participate in the Temporary Event; and

4.    provide the security and safety equipment required by the Concerned Entities throughout the Temporary Event.

Issuing Implementing Instructions

Article (13)

The Chief Executive Officer of the Agency will issue the instructions required for the implementation of the provisions of this Resolution.

Publication and Commencement

Article (14)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Mattar Mohammed Al Tayer

Director General and Chairman of the Board of Executive Directors

Issued in Dubai on 18 June 2018

Corresponding to 4 Shawwal 1439 A.H.

Table of Age-based Classification of Recreational Motorcycles

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SN

Age of the Rider of

the Recreational Motorcycle

Engine Displacement

Maximum Speed of the

Recreational Motorcycle

1       

More than five (5) but less than eight (8) years

50 CC or less

Less than twenty-five km/h

2       

From eight (8) up to sixteen (16) years

More than fifty (50) CC

but less than ninety (90) CC

From twenty-five (25) up to eighty (80) km/h

3       

More than sixteen (16) years

Ninety (90) CC and more

More than eighty (80) km/h

 



2018 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.