Law No. (11) of 2020
Concerning the
Dubai Civil Aviation
Authority[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (20) of 1991 Issuing the
Civil Aviation Law;
Federal Law No. (4) of 1996 Establishing
the General Civil Aviation Authority and its 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. (22) of 2007 Establishing the
Dubai Air Navigation Services Corporation;
Law No. (23) of 2007 Establishing the
Dubai Airports Corporation;
Law No. (19) of 2010 Concerning the Dubai
Civil Aviation Authority;
Law No. (2) of 2012 Establishing the
Dubai Aviation Engineering Projects Corporation;
Law No. (7) of 2015 Concerning Airspace
Safety and Security in the Emirate of Dubai;
Law No. (10) of 2015 Concerning the Dubai
Aviation City Corporation;
Law No. (1) of 2016 Concerning the
Financial Regulations of the Government of Dubai;
Law No. (4) of 2018 Establishing the
Financial Audit Authority;
Law No. (8) of 2018 Concerning Management
of the Government of Dubai Human Resources;
Law No. (4) of 2020 Regulating Unmanned
Aircraft in the Emirate of Dubai;
Decree No. (22) of 2009 Concerning
Special Development Zones in the Emirate of Dubai; and
The legislation establishing and
regulating free zones in the Emirate of Dubai,
Do hereby issue this Law.
This Law will be cited as "Law No. (11) of
2020 Concerning the Dubai Civil Aviation Authority".
The following words and expressions, wherever mentioned in this
Law, will have the meaning indicated opposite each of them unless the context
implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive
Council: |
The Executive Council of the Emirate of Dubai. |
|
GCAA: |
The General Civil Aviation Authority. |
|
DCAA: |
The Dubai Civil Aviation Authority. |
|
Director
General: |
The director general of the DCAA. |
|
Quality
Control Activities: |
The process of verifying compliance by Operators and Practitioners
with the requirements and standards prescribed by the applicable legislation;
and ensuring that the necessary corrective actions are implemented. This
includes auditing, inspecting, testing, and monitoring Aircraft and their spare parts. |
|
Operator: |
A natural or legal person authorised by the DCAA to conduct any
of the activities related to operating Aircraft or Airports in accordance
with the legislation in force in the Emirate. |
|
Practitioner: |
A natural or legal person authorised by the DCAA to conduct any
of the activities related to providing and organising air navigation
services; providing flight and air navigation training; conducting air safety
studies; providing tourist and recreational aviation services, sports
aviation services, Aerial Advertisements services, and balloon flying services; providing aerial photography using
various types of Aircraft; and conducting any other civil aviation-related activities determined pursuant to the relevant resolution of the Director General. |
|
Regulated
Airfreight Carrier: |
A legal person authorised by the DCAA to implement air freight
security controls and procedures, including conducting security checks and monitoring the sites that are under his supervision. |
|
Hazardous
Materials: |
Any materials that pose a hazard to public health or safety, to the environment, or to any public or private property. |
|
Government
Entity: |
Any of the ministries, Government departments, federal or local
public agencies and corporations, government authorities and councils, or similar entities. |
|
Investigation: |
A technical process implemented by the DCAA to identify the
causes and consequences of an Accident or Incident, and determine the actions and means of redressing the causes of that Accident or Incident and ensuring its
non-recurrence. |
This Law applies to:
1.
the Dubai Civil
Aviation Authority regulated pursuant to the above-mentioned Law No. (19) of
2010, as a public authority having legal personality
and the legal capacity required to undertake all acts and dispositions that
ensure the achievement of its objectives; and
2.
all Operators,
Practitioners, and Regulated Airfreight Carriers in the Emirate.
The head office of the DCAA will be located in the Emirate. The
DCAA may establish branches within the Emirate pursuant to a resolution of the
Director General.
The DCAA aims to:
1.
achieve leadership
and ensure sustainability in the fields of security, safety, and environmental
protection in the civil aviation sector, in coordination with the concerned
Government Entities;
2.
create a favourable
environment supporting aviation-related investments in line with the
requirements of economic development in the Emirate;
3.
ensure the sustainable development of the civil aviation sector and its
related services;
4.
regulate civil
aviation affairs and enhance the safety and security of air transport; and
5.
enhance
the governance of the civil aviation sector,
in cooperation with the Government Entities concerned with the aviation sector, to support the regulatory and
supervisory role of the DCAA.
For the purpose of achieving its objectives, the DCAA will have the
duties and powers to:
1.
establish the
general policy of civil aviation in the Emirate in line with the federal
legislation and the international conventions and treaties; and submit the same
to the Executive Council for approval;
2.
approve the
operational and implementation plans of the adopted policies and the
activities related to the DCAA work;
3.
propose legislation
related to the civil aviation sector and submit the same to
the competent authorities in the Emirate for approval, in accordance with the
relevant procedures adopted by these authorities;
4.
coordinate with
international and federal entities on all matters related to civil aviation in
the Emirate, including those related to Quality Control Activities;
5.
sign memoranda of
understating and bilateral and multilateral conventions related to air
transport rights through the Airports of the Emirate; and follow up the
implementation of these memoranda and conventions in coordination with
the GCAA;
6.
approve the technical
bylaws regulating
the civil aviation sector in the Emirate and
any other relevant bylaws, in accordance with the applicable legislation;
7.
issue permits to
Practitioners in the Emirate, including in Special Development Zones and free
zones, such as the Dubai International Financial Centre; and monitor and oversee the activities of these Practitioners in
accordance with the rules adopted by the DCAA in this respect;
8.
authorise foreign
aviation operators licensed by the GCAA to operate scheduled or non-scheduled flights from and to the Airports of the
Emirate in line with the applicable legislation;
9.
determine and
regulate the activities related to the civil aviation
sector in the Emirate, in coordination with concerned Government Entities and
in accordance with the applicable legislation;
10. issue permits for conducting the activities and holding the events related to
civil aviation in the Emirate; and audit and monitor these activities and events in accordance with the rules adopted by the
DCAA in this respect;
11. monitor and follow up compliance by airlines in the
Emirate with the provisions of the conventions regulating air transport rights
awarded to foreign carriers;
12. regulate Unmanned Aircraft Operations and all Related
Activities in the Emirate, in coordination with the concerned Government
Entities and in accordance with the applicable legislation;
13. regulate the activities of Regulated Airfreight
Carriers, in coordination with the concerned Government Entities and in
accordance with the applicable legislation and the rules adopted pursuant to the relevant resolution issued by the Director General;
14. oversee and approve all procedures for the safety and
security of the facilities and systems in the Airports of the Emirate, in accordance with the applicable
legislation;
15. implement programmes related to Quality Control
Activities, and verify compliance with the relevant international and national
standards adopted in the UAE;
16. protect civil aviation from Acts of Unlawful
Interference and from the risks of transporting Hazardous Materials by air, in
coordination with the GCAA and the concerned Government Entities, and in
accordance with the procedures stipulated in the international treaties and conventions and with the applicable
legislation;
17. monitor, inspect, and audit Aircraft, in coordination with the
GCAA, to verify their compliance with the relevant international and national standards
adopted in the Emirate;
18. control the import, export, and transport of Aircraft
spare parts and components
as well as trading in the same, in coordination
with the concerned Government Entities;
19. license professions related to security
scanners in accordance with the procedures adopted by GCAA in this respect;
20. issue the permits required for
air transport of the Hazardous Materials listed under Category 1 and Category
7 in the International Air Transport
Association regulations through the Airports of the Emirate;
21. determine the areas of the Emirate within which
air navigation is prohibited, restricted, or dangerous; and notify the GCAA of
the same;
22. specify Air Routes in the Emirate and consider
applications for modification of the Airspace of the Emirate, in coordination with the GCAA and
the concerned Government Entities;
23. compile and analyse air transport statistical
information and data and provide the concerned Government Entities with these
information and data in accordance with the applicable legislation;
24. conduct, in cooperation with public and private
scientific and research institutions in the UAE, development research and
studies in fields related to the functions of the DCAA;
25. perform all the functions assigned
to it by the legislation in force in the UAE as the
competent local authority in charge of civil aviation affairs; and
26. exercise any other duties or powers required
for the achievement of the DCAA objectives, or assigned to the DCAA by the
Ruler or the Chairman of the Executive Council.
The executive body of the DCAA will be comprised of the Director
General, and a number of administrative, finance, and technical Employees, to
whom the above-mentioned Law No. (8) of 2018 and the legislation issued in
pursuance thereof apply.
a.
A Director General
will be appointed to the DCAA pursuant to a decree issued by the Ruler.
b.
The Director General
will manage the DCAA and undertake direct supervision of the achievement of its
objectives and of the performance of the functions assigned to it under this
Law and the legislation in force in the Emirate. In particular, the Director
General will have the duties and powers to:
1.
approve, and
supervise the implementation of, the general policy and strategic and
operational plans of the DCAA;
2.
approve the draft
annual budget and Financial Statements of the DCAA, and submit the same to the
competent authorities in the Emirate for final approval;
3.
approve the
organisational structure of the DCAA and submit the same to the Executive
Council for final approval;
4.
propose draft
legislation related to the
civil aviation sector in the Emirate, and
submit the same to
the competent authorities for approval in
accordance with their adopted procedures;
5.
approve the
resolutions and policies regulating the administrative, financial, and
technical work of the DCAA;
6.
undertake
supervision of the work of the DCAA executive body; manage its technical,
administrative, and financial affairs; and ensure that it performs its duties
in an efficient and effective manner;
7.
supervise the work
of the DCAA and follow up the performance of its duties in an efficient and
effective manner, in line with the adopted policies, plans, and strategic
programmes and with a view to improving the civil aviation system in the Emirate;
8.
submit periodic
reports on the DCAA work to the competent authorities in the Emirate;
9.
represent the DCAA
before third parties; and conclude the contracts, agreements, and memoranda of
understanding required for the achievement of the objectives of the DCAA;
10. form permanent or temporary sub-committees and
work teams from amongst the Employees of the DCAA or from amongst experts and
specialists; and determine the duties and powers of these sub-committees and work teams;
11. exercise the duties and powers assigned to him pursuant to the applicable
legislation; and
12. exercise any other duties or powers assigned to
him by the Ruler or the Chairman of the Executive Council.
c.
The Director General
may delegate any of his powers under
sub-paragraphs (b)(7), (b)(8), (b)(9), and
(b)(10) of this Article to any of the DCAA Employees, provided that such
delegation is specific and in writing.
d.
The Director General
may assign any of the executive directors of the DCAA to perform his duties in case of his absence for any reason whatsoever.
The financial resources of the DCAA will consist of:
1.
the financial
appropriations allocated to the DCAA in the General Budget of the Government;
2. the
fees and
charges collected by the DCAA in return for the activities it conducts and the
services it provides;
3.
gifts and donations;
and
4.
any other resources
approved by the Chairman of the Executive Council.
a.
In managing its
accounts and records, the DCAA will apply the rules and principles of
government accounting.
b.
The Financial Year
of the DCAA will commence on 1 January and will end on 31 December of each
Year.
The DCAA will represent the Emirate within and outside of the UAE
in all matters related to the
civil aviation sector, particularly the following:
1.
negotiations and talks on air transport rights, international affairs, Airspace, and Air
Navigation in the Emirate;
2.
Investigations into
civil aviation-related Accidents, crises, disasters, and emergencies;
3.
Investigations into
acts and activities that may affect the security and safety of civil aviation
in the Emirate. These
include the procedures that
minimise risks that may
affect civil aviation across land, sea,
or air; and other procedures implemented
in Airports, Aircraft, and aviation and
passenger facilities;
4.
Investigations into
civil aviation Accidents that are not listed in the International Civil
Aviation Organization (ICAO) Annex 13; issuing reports on the causes of these Accidents and the factors affecting civil aviation; and following
up the implementation of the relevant
recommendations and corrective actions,
in coordination with the GCAA and the concerned Government Entities; and
5.
participating in
teams formed to investigate the
civil aviation Accidents listed in ICAO
Annex 13, in coordination with the concerned Government Entities.
The conditions, rules, and obligations that must be satisfied by Operators and Practitioners will be
prescribed by the relevant resolution issued by the Chairman of the Executive
Council.
The relationship between the GCAA and the DCAA will be regulated by
the agreements and memoranda of understanding concluded by the two parties, which will determine the frameworks and fields of
cooperation and coordination in all areas that are related to the civil
aviation sector and fall within the jurisdiction of the GCAA. In particular, these agreements and
memoranda will regulate the inspection and
Investigation processes that require accessing Airports or civil aviation
facilities in the Emirate.
For the purpose of enabling the DCAA to implement the provisions of
this Law, the resolutions issued in pursuance hereof, and the applicable
legislation, all Government Entities in the Emirate must, each within its own
jurisdiction, cooperate and coordinate with the DCAA and provide the DCAA, upon request, with all support and assistance.
With the exception of the resolutions which the Chairman of the
Executive Council is authorised to issue under this Law, the Director General
will issue the resolutions required for implementing the provisions of this
Law.
a.
This Law supersedes
the above-mentioned Law No. (19) of 2010.
b.
Any provision in any
other legislation will be repealed to the extent that it contradicts the
provisions of this Law.
c.
The resolutions,
bylaws, and instructions issued in implementation of the above-mentioned Law
No. (19) of 2010 will continue in force to the extent that they do not
contradict this Law, until new superseding resolutions, bylaws, and
instructions are issued.
This Law will be published in the Official Gazette and will come
into force on the day on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler
of Dubai
Issued in Dubai on 24 November 2020
Corresponding to 9 Rabi al-Thani 1442 A.H.
©2020 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.