Executive Council Resolution No. (38) of 2018

Regulating the

Activity of Driving Instruction 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:

Federal Law No. (21) of 1995 Concerning Road Traffic, its Implementing Bylaw, and their amendments;

Cabinet Resolution No. (30) of 2017 Regulating Road Traffic Services and Road Safety;

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;

Decree No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;

Ministerial Resolution No. (178) of 2017 Concerning Road Traffic Control Rules and Procedures;

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

Regulation No. (6) of 2009 Concerning the Licensing of Driving Schools in the Emirate of Dubai and its amendments;

Executive Council Resolution No. (57) of 2017 Regulating the Issuance of Driversí Licences and Permits in the Emirate of Dubai;

Administrative Resolution No. (428) of 2009 Issuing the Implementing Bylaw of Regulation No. (6) of 2009 Concerning the Licensing of Driving Schools in the Emirate of Dubai and its amendments; and

The legislation establishing and regulating free zones in the Emirate of Dubai,

Do 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:

UAE:

 

The United Arab Emirates.

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.

Traffic System:

 

The smart electronic system through which driversí training and licensing applications, Vehicle licensing applications, and transport business activities licensing applications are processed.

Vehicle:

 

Any motorised machine, pedal cycle, Motorcycle, carriage, or other machine designed to run on roads, whether mechanically propelled or otherwise. This includes tractors.

Training Vehicle:

 

A Vehicle with certain specifications designed for training drivers in order to enable them to obtain drivers' licences or drivers' permits.

Activity:

 

The provision of theoretical and practical instruction for general Vehicle driving, for Occupational Driving, for Advanced Driving, or for Desert Driving.

Establishment:

 

A company or corporation authorised by the Agency to conduct the Activity.

Branch:

 

A centre affiliated to an Establishment where the Activity is conducted.

Registration Office:

 

An office affiliated to an Establishment where Learners are registered.

Trainer:

 

A natural person who works for an Establishment and is authorised by the Agency to conduct any of the authorised activities of that Establishment.

Instructor:

 

A natural person who works for an Establishment and is authorised by the Agency to deliver theory lessons on road traffic legislation to Learners in the languages determined by the RTA.

Learner:

 

A natural person who is authorised by the Agency to learn how to drive a Vehicle in order to obtain a driverís licence, an Occupational Driving permit, a Desert Driving permit, or an Advanced Driving permit in accordance with the above-mentioned Executive Council Resolution No. (57) of 2017.

Permit:

 

A document issued by the Agency authorising the conduct of any of the Activities, or licensing any of the categories or sites, determined in Article (6) of this Resolution.

Temporary Driving Instruction Site:

 

A temporary site wherein the Agency authorises the conduct of the Activity.

Identification Card:

 

A card issued by the Agency containing the identification details of a Trainer or an Instructor.

Desert Driving:

 

The training of a person who holds a driverís licence to develop the skills required for him to drive off-road and on sand dunes.

Occupational Driving:

 

The training of a person who holds a driverís licence to develop the skills required for him to drive occupational Vehicles such as taxicabs, heavy and light passenger buses, heavy cargo transport Vehicles, construction Vehicles used on construction sites, and trailers.

Advanced Driving:

 

The training of a person who holds a driverís licence to develop the skills required for him to drive in extreme environments in terms of terrain, climate, or activities.

 

Scope of Application

Article (2)

The provisions of this Resolution will apply to all individuals and entities conducting the Activity in the Emirate, including in Special Development Zones and free zones, such as the Dubai International Financial Centre. This Resolution will not apply to military, paramilitary, and security entities.

Objectives of this Resolution

Article (3)

This Resolution aims to:

1.    regulate the conduct of the Activity;

2.    contribute to the achievement of the Emirateís vision and strategic plans for safe driving on roads; and

3.    determine and standardise the rules and requirements related to Vehicle driving instruction in the Emirate; and ensure compliance by Establishments with these rules and requirements.

Functions of the Agency

Article (4)

For the purpose of achieving the objectives of this Resolution, the Agency will have the duties and powers to:

1.    establish the rules and regulations required for conducting the Activity in the Emirate and at areas where companies and corporations operate; and issue any guidelines or manuals required in this respect;

2.    determine Permit applications in accordance with the conditions and procedures stipulated in this Resolution and the resolutions issued in pursuance hereof;

3.    establish the technical specifications and requirements that must be met by Training Vehicles;

4.    audit and inspect Establishments and their Branches, Registration Offices, and Training Vehicles; and verify their compliance with the rules and requirements stipulated in this Resolution and the resolutions issued in pursuance hereof;

5.    classify Trainers based on the type of Vehicles they are authorised to use for training, grant them relevant Permits, and verify their compliance with the conditions and requirements adopted in this respect;

6.    prescribe, in coordination with the concerned entities in the Emirate, the construction and engineering specifications that must be met by Establishments and their facilities;

7.    in coordination with the concerned entities in the Emirate, determine and regulate the routes, lanes, and areas where the Activity may be conducted without negatively affecting road traffic in the Emirate; preserve public safety and protect the environment; and take the necessary action to remedy any resulting negative impact;

8.    issue Temporary Training Site Permits for corporations and companies wishing to train their employees to obtain driving permits;

9.    set the indicators required to measure the level of services provided by Establishments;

10.  issue Identification Cards for Trainers and Instructors; and

11.  exercise any other duties or powers required for the achievement of the objectives of this Resolution.

Conducting the Activity

Article (5)

No person or entity may conduct the Activity in the Emirate without first obtaining a Permit.

Permits Issued by the Agency

Article (6)

a.    The Agency will, in accordance with the conditions and procedures stipulated in this Resolution and the resolutions issued in pursuance hereof, and in coordination with the concerned entities in the Emirate, issue Permits for the following activities, categories, and sites:

1.    general Vehicle driving instruction;

2.    Occupational Driving instruction;

3.    Advanced Driving instruction;

4.    Desert Driving instruction;

5.    a Branch;

6.    a Registration Office;

7.    a Trainer;

8.    an Instructor; and

9.    a Temporary Driving Instruction Site.

b.    The Permits referred to in paragraphs (a)(1) through (a)(8) of this Article will be valid for a renewable period of one (1) year.

c.     The validity of the Permit stated in paragraph (a)(9) of this Article will be determined by the Agency. However, the validity of this Permit must not exceed six (6) months.

Expiry of Non-UAE Trainersí and Instructorsí Permits

Article (7)

The Permit of a non-UAE Trainer or Instructor will expire upon leaving the service of his Establishment.

Obligations of Establishments

Article (8)

An Establishment must:

1.    ensure that its owner does not assign his Permit, add a partner to the Establishment, sell or lease the Establishment to others, or undertake any other legal disposition of the Establishment, without first obtaining the relevant written approval of the Agency;

2.    comply with the driving instruction service level indicators prescribed by the Agency;

3.    comply with the instructions, resolutions, policies, and procedures issued by the Agency;

4.    comply with the instructional and training courses, and the training programmes, approved by the Agency, as well as with the requirements for taking knowledge tests and attending theory lessons;

5.    not hire any person who is not authorised by the Agency as a Trainer or an Instructor;

6.    comply with the health, safety, and the environment requirements and conditions adopted by the RTA;

7.    use its own Training Vehicles to conduct the Activity;

8.    not rent out its Training Vehicles to others;

9.    meet the security and safety requirements prescribed for each category of Training Vehicles;

10.  park its Vehicles, after working hours, within its premises or in the parking spaces designated for it;

11.  use the standard contracts adopted by the Agency when contracting with Learners;

12.  comply with the service fee scheme prescribed by the RTA;

13.  maintain paper or electronic records that contain all the data, statistics, and documents related to its instruction activities in accordance with the regulations adopted by the RTA, and make these records accessible to RTA employees;

14.  comply with the rules prescribed by the Agency regarding the types, specifications, and number of Vehicles;

15.  in accordance with the relevant requirements adopted by the RTA, provide an insurance policy issued by an insurance company licensed in the UAE to ensure that third parties are indemnified against any damage they may sustain. The insurance policy must be valid throughout the term of the Permit;

16.  upon submitting an application for a Permit, provide a valid guarantee in favour of the RTA as prescribed by the RTA. This guarantee must be valid throughout the term of the Permit;

17.  not use its Training Vehicles, buildings, or facilities for conducting any activity other than the Activity authorised by the Agency;

18.  not conduct any other activity, even if related to its main Activity, or use any part of the land plot on which its premises are constructed for any other commercial purposes, without first obtaining the written approval of the concerned entities in the Emirate;

19.  designate one or more experienced and specialised Instructors to explain road traffic legislation to Learners in the languages specified by the RTA;

20.  provide the buildings, facilities, devices, equipment, programmes, and systems required for training in accordance with the relevant specifications and requirements approved by the Agency;

21.  conduct the Activity and operate Training Vehicles at the timings prescribed by the Agency;

22.  deliver the training and theory lessons prescribed by the Agency;

23.  not allow any person, other than a Learner, to get on board the Training Vehicle during driving training without first obtaining the relevant approval of the Agency;

24.  notify the Agency, in accordance with the rules prescribed by the RTA in this respect, of its intention to cease the Activity;

25.  fully cooperate with the competent RTA employees and provide them with all data and information they request;

26.  affix on each Training Vehicle a signboard displaying the name and logo of the Establishment and stating that it is a driving instruction Vehicle; and

27.  not place any material on the front, back, or side window of a Training Vehicle, during driving training, in a manner that obstructs the vision of the Learner.

Obligations of Trainers and Instructors

Article (9)

A Trainer or an Instructor, as the case may be, must:

1.    carry the Permits required during driving training or theory lessons, and produce such Permits upon request;

2.    comply with the instructional and training courses approved by the Agency;

3.    comply with the routes and lanes designated by the Agency for Training Vehicles;

4.    wear the uniform prescribed for Trainers and maintain an appropriate general appearance;

5.    use only Training Vehicles authorised by the Agency for training;

6.    train only Learners who hold valid learning Permits issued by the Agency;

7.    not use the telephone during driving training, or allow a Learner to use the telephone while driving;

8.    fasten his seat belt and ensure that Learners fasten their seat belts during driving training;

9.    not, during driving training, eat, drink, smoke, read newspapers or magazines, sleep, or divert his own attention away from the Learner;

10.  comply with the requirements prescribed by the Agency for delivering driving training;

11.  comply with the number of Learners prescribed by the Agency; and

12.  fully cooperate with RTA employees.

Requalification

Article (10)

Without prejudice to the provisions of the above-mentioned Ministerial Resolution No. (178) of 2017 Concerning Road Traffic Control Rules and Procedures and any other relevant legislation, the Agency may, in accordance with the rules and conditions it determines, subject any Trainer or Instructor whose Permit is suspended or cancelled to a requalification or Assessment Test process.

Fees

Article (11)

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.

Violations and Administrative Penalties

Article (12)

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) and Schedule (3) 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 thirty thousand Dirhams (AED 30,000.00).

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.    suspension of Permit for a period not exceeding one (1) month;

2.    restricting or denying access to the Road Traffic System; and/or

3.    revoking the Permit.

Remedies

Article (13)

A violator must remedy any damage caused by his violation within the time frame prescribed by the Agency, failing which the Agency may remedy the same and claim from the violator all remedy costs in addition to twenty-five per cent (25%) of these costs as administrative fees. The Agency's assessment of these expenses and costs will be final.

Law Enforcement

Article (14)

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 inspect any Establishment, its facilities, its employees, and its Vehicles; access any records, data, or documents in the possession of the Establishment; and issue the necessary violation reports in this respect.

Grievances

Article (15)

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, within thirty (30) days 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.

Payment of Fees and Fines

Article (16)

The fees, fines, and any other amounts collected pursuant to this Resolution will be paid to the Public Treasury of the Government of Dubai.

Liability of the RTA

Article (17)

The RTA will not be liable to third parties for any damage they may sustain as a result of conducting the Activity by the persons authorised under this Resolution to do so.

Compliance

Article (18)

All persons to which this Resolution applies must comply with its provisions within a period not exceeding one (1) year from its effective date. The Director General may extend this period once for the same period.

Issuing Implementing Resolutions

Article (19)

The Director General will issue the resolutions required for the implementation of this Resolution. These resolutions will be published in the Official Gazette of the Government of Dubai.

Repeals

Article (20)

a.    The above-mentioned Regulation No. (6) of 2009 is hereby repealed, and any provision in any other resolution or regulation will also be repealed to the extent that it contradicts the provisions of this Resolution.

b.    The Implementing Bylaw and resolutions issued in implementation of the above-mentioned Regulation No. (6) of 2009 will continue in force, to the extent that they do not contradict this Resolution, until new superseding bylaws and resolutions are issued.

Publication and Commencement

Article (21)

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 30 September 2018

Corresponding to 20 Muharram 1440 A.H.


 

Schedule (1)

Fees for Permits and Services

SN

Description

Fee (in Dirhams)

1

Issuing or renewing the annual Permit of an Establishment

5,000.00

2

Issuing or renewing the annual Permit of an Occupational Driving instruction Establishment

3,000.00

3

Issuing or renewing the annual Permit of an Advanced Driving instruction Establishment

3,000.00

4

Issuing or renewing the annual Permit of a Desert Driving instruction Establishment

3,000.00

5

Issuing or renewing the annual Permit of a Branch

4,000.00

6

Issuing or renewing the annual Permit of a Registration Office

2,000.00

7

Variation of the details of an Establishmentís Permit

500.00

8

Issuing a replacement for a lost or damaged Permit issued to a Trainer, an Instructor, an Establishment, a Branch, or a Registration Office

100.00

9

Examining or inspecting a Temporary Training Site upon the request of an Establishment

200.00

10

Adding a new category of Vehicles to a Trainerís Permit

100.00

11

Issuing or renewing the Permit of an Instructor

400.00

12

Registration of a motorcycle as a Training Vehicle

1,000.00

13

Registration of a light Vehicle as a Training Vehicle

5,000.00

14

Registration of a heavy Vehicle as a Training Vehicle

3,000.00

15

Registration of a light bus as a Training Vehicle

3,000.00

16

Registration of a heavy bus as a Training Vehicle

3,000.00

17

Registration of a light mechanical tractor as a Training Vehicle

4,000.00

18

Registration of a heavy mechanical tractor as a Training Vehicle

6,000.00

19

Registration of a four-wheel drive Vehicle as a Desert Driving Training Vehicle

2,500.00

20

Registration of a Vehicle as an Advanced Driving or Occupational Driving Training Vehicle

2,500.00

21

Conducting the annual mechanical inspection of a Training Vehicle or a driving test Vehicle

100.00

22

Issuing a number plate for a Training Vehicle

100.00

23

Providing knowledge test interpreting services

100.00

24

Training of a data entry officer

AED 500.00 per trainee

25

Road traffic books and manuals

AED 50.00 per book or manual

 


 

Schedule (2)

Violations and Fines of Establishments

SN

Violation

Fine (in Dirhams)

1

Conducting the Activity without a Permit

10,000.00

2

Conducting the Activity with an expired Permit

5,000.00

3

Assignment by the owner of an Establishment of his Permit, adding a partner to the Establishment, selling or leasing out the Establishment to others, or undertaking any other legal disposition of the Establishment, without first obtaining the relevant written approval of the Agency

5,000.00

4

Failure to comply with the training service level indicators prescribed by the Agency for conducting the Activity

2,000.00

5

Failure to comply with the instructions, resolutions, policies, and procedures issued by the Agency

2,000.00

6

Failure to comply with the instructional and training material and training programmes approved by the Agency or with the knowledge test or instruction requirements

2,000.00

7

Employment by an Establishment of a Trainer or an Instructor who does not hold a Permit from the Agency

1,000.00

8

Failure to comply with the requirements of health, safety, and environment adopted by the RTA

2,000.00

9

Conducting the Activity using a Training Vehicle which is not owned by the Establishment

5,000.00

10

Leasing a Training Vehicle to third parties

5,000.00

11

Failure by an Establishment to meet the security and safety requirements prescribed for each category of Training Vehicles

2,000.00

12

Failure by an Establishment to park, after working hours, any of its Vehicles within its premises or in the parking spaces designated for it

2,000.00

13

Failure to use the standard contracts approved by the Agency when contracting with Learners

1,000.00

14

Failure by an Establishment to comply with the service fee scheme prescribed by the RTA

2,000.00

15

Failure to maintain paper or electronic records containing all the data, statistics, and documents related to the Activity in accordance with the regulations adopted by the RTA, or failure to make these records accessible to RTA employees

2,000.00

16

Failure to comply with the types, specifications, and number of Vehicles prescribed for an Establishment by the Agency

3,000.00

17

Failure to provide an insurance policy, issued by an insurance company licensed in the UAE, in accordance with the requirements approved by the RTA in this respect, or failure to maintain this insurance policy valid throughout the term of the Establishmentís Permit

5,000.00

18

Failure to provide a guarantee in favour of the RTA as prescribed by the RTA or to maintain this guarantee valid throughout the validity of the Establishmentís Permit

5,000.00

19

Using the Establishmentís Training Vehicles, buildings, or facilities for conducting any activity other than the Activity authorised by the Agency

5,000.00

20

Conducting any other activity even if it is related to the Establishmentís main Activity or using any part of the land plot on which its building is constructed for any other commercial purposes without first obtaining the written approval of the concerned entities in the Emirate

5,000.00

21

Failure to designate one or more experienced and specialised Instructors to explain road traffic legislation to Learners in the languages determined by the RTA

1,000.00

22

Failure to provide the buildings, facilities, equipment, devices, programmes, and systems required for driving training in accordance with the relevant specifications and requirements approved by the Agency

3,000.00

23

Failure to comply with the timings prescribed by the Agency for conducting the Activity

1,000.00

24

Failure to deliver the training and theory lessons prescribed by the Agency

2,000.00

25

Allowing any person other than a Learner to get on board a Training Vehicle during driving training without first obtaining the relevant written approval of the Agency

2,000.00

26

Failure by the Establishment to notify the Agency, in accordance with the rules prescribed by the RTA in this respect, of its intention to cease the Activity

3,000.00

27

Failure to cooperate with the competent RTA employees or to provide them with all the data and information they request

2,000.00

28

Placing any material on the front, back, or side window of a Training Vehicle, during driving training, in a manner that obstructs the vision of the Learner

150.00

29

Failure to affix on a Training Vehicle a signboard displaying the name and logo of the Establishment and stating that it is a driving instruction Vehicle

200.00


 

Schedule (3)

Violations and Fines of Trainers and Instructors

 

SN

Violation

Fine (in Dirhams)

1

Failure to carry the required Permits during driving training or theory lessons, or to produce such Permits upon request

250.00

2

Failure to comply with the instructional and training courses approved by the Agency

1,000.00

3

Failure to comply with the routes, lanes, and areas designated by the Agency for driving training

200.00

4

Failure to wear the uniform prescribed for Trainers, or to maintain an appropriate general appearance

200.00

5

Using a Vehicle that is not authorised by the Agency as a Training Vehicle

500.00

6

Training a Learner who does not hold a valid learning Permit issued by the Agency

500.00

7

Using the telephone by a Trainer during driving training, or failure to take the necessary action to prevent a Learner from using the telephone while driving

400.00

8

Failure by a Trainer to fasten his seat belt or to ensure that the Learner fastens his seatbelt during driving training

400.00

9

Eating, drinking, smoking, reading newspapers or magazines, sleeping, or diverting his attention away from the Learner during driving training

300.00

10

Failure to meet the requirements adopted by the Agency for delivering driving training

300.00

11

Training a number of Learners that exceeds the number prescribed by the Agency

200.00

12

Failure to cooperate with the competent RTA employees

500.00

 



©2019 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.