Administrative Resolution No. (603) of
2021
Issuing the
Implementing Bylaw of Law No. (6) of 2006
Concerning Contribution
of Beneficiaries to the Cost of
Roads and Public
Transport Contracts[1]
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The Director General and Chairman of the Board
of Executive Directors of the Roads and Transport Authority,
After perusal of:
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. (6) of
2006 Concerning Contribution of Beneficiaries to the Cost of Roads and Public
Transport Contracts;
Law No. (1) of
2016 Concerning the Financial Regulations of the Government of Dubai and its Implementing Bylaw;
Decree No.
(22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
The Order of
1961 Establishing the Dubai Municipality;
Executive
Council Resolution No. (8) of 2006 Establishing the Agencies Affiliated to the
Roads and Transport Authority and Approving their Corporate and Organisational
Structures;
Executive
Council Resolution No. (18) of 2011 Determining the Fees Payable by
Beneficiaries for Auditing Designs and Supervising the Implementation of Roads
and Transport Projects; 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. |
|
TRA: |
The Traffic and Roads Agency of the RTA. |
|
Law: |
Law No. (6) of 2006 Concerning Contribution of Beneficiaries to
the Cost of Roads and Public Transport Contracts. |
|
Beneficiary: |
A natural person or a public or private legal person, including a
Government Entity, a Master Developer, a Sub-developer, or any authority supervising a Special
Development Zone or a free zone, such as the Dubai International Financial
Centre, that has a Project
generating a number of trips in excess of the maximum number prescribed by
the regulations and technical standards and manuals adopted by the RTA. |
|
Government Entity: |
Any of the Government departments, public agencies and corporations, Government authorities and councils, or similar entities. |
|
Master Developer: |
A Person who is licensed to conduct real property development
business in the Emirate and to sell Real Property units to others, and who is
classified as a Master Developer in accordance with the legislation in force
in the Emirate. |
|
Sub-developer: |
A Person who is licensed to conduct real property development
business in the Emirate and to sell Real Property units to others; who
develops part of a Project owned by a Master Developer under an agreement
concluded between them for this purpose; and who is classified as a
Sub-developer in accordance with the legislation in force in the Emirate. |
|
Developer: |
A Master Developer or a Sub-developer. |
|
Consultant: |
An entity approved by the RTA and contracted by a Beneficiary to
prepare a Traffic Impact Study and develop Traffic Solutions. |
|
Project: |
Any project that belongs to a Beneficiary, that is governed by the
Law, and that is implemented in the Emirate for residential, commercial,
industrial, mixed-use, or other purposes. |
|
Generated Trips: |
The number of traffic trips generated by a proposed Project on
roads and Junctions in the vicinity of the Project and on its access roads
and exits, measured at Peak Hours and calculated in accordance with the
technical manuals and Traffic Models adopted by the TRA. |
|
Cost-sharing Agreement: |
An agreement concluded between the RTA and a Beneficiary whereby
the Cost-sharing Area; the amount payable by the Beneficiary as contribution
to the cost of construction, implementation, and maintenance of the elements
of Traffic Solutions; and the process for payment of this amount are determined. |
|
Peak Hours: |
The hours at which the traffic volume on the roads affected by
the concerned Project, and on the access roads and exits of the Project,
reaches its maximum limit, and which are determined in accordance with the
technical standards and manuals adopted by the TRA. |
|
Trip Generation and Parking Rates
Manual: |
A manual that is adopted by the TRA and that contains the
technical and regulatory standards and processes for predicting the number of
Generated Trips during Peak Hours and for determining the minimum number of
parking spaces required for a Project. |
|
Traffic Solutions: |
The alterations and improvements required to be made to road
networks, transport systems, and car parks in the vicinity of the concerned
Project to accommodate present and projected traffic volume and prevent
degradation of the standards of the traffic services provided by these
networks and systems to unacceptable levels due to the traffic volume
generated by the Project. |
|
Traffic Impact Study: |
A specialised study conducted by a Consultant to determine the
number and types of Generated Trips and the distribution of these trips over the current and
planned areas, road
networks, and transport systems in the Emirate in order to determine the
Traffic Solutions and the number of parking spaces required to serve a Project. |
|
Traffic Impact Studies Manual: |
A manual that is issued by the TRA and that contains the technical
and regulatory standards and processes for conducting Traffic Impact Studies. |
|
Traffic Model: |
Databases and specialised computer software provided by the TRA
for the purposes of studying road networks and transport systems and
determining the projected
traffic volume and distribution of traffic load on these networks and
systems. |
|
Study Zone: |
An area determined in accordance with the procedures stipulated
in the Traffic Impact Studies Manual for which a Traffic Impact Study must be conducted to propose future
alterations to road networks and transport systems, and estimate the number
of parking spaces required to be made available, to ensure acceptable levels
of Traffic Solutions. |
|
Junction: |
An area where more than one road, including surface roads, bridges, and tunnels, intersect;
and which is controlled
by traffic lights or roundabouts. |
|
Cost-sharing Area: |
An area determined in accordance with the procedures stipulated
in the Traffic Impact Studies Manual in which a Beneficiary is liable to
contribute to the cost of roads, public transport, and car park contracts in whole or in part. |
The provisions of this Resolution apply to Beneficiaries and to
Projects implemented by those Beneficiaries in all zones of the Emirate,
including Special Development Zones and free zones, such as the Dubai
International Financial Centre.
This Resolution aims to ensure the proper implementation of the Law
in order to achieve the following:
1. providing the Traffic Solutions required for
achieving smooth traffic flow on the public road network of the Emirate;
2. determining the contributions of
Beneficiaries to the cost of roads and public transport contracts based on clear and transparent
standards and principles;
3. connecting the Projects implemented in
the Emirate to the road networks, transport systems, and car parks surrounding these Projects, in a manner that does not affect the smooth
traffic flow on these networks and systems; and
4. facilitating the preparation and conduct of Traffic Impact Studies based on clear and
specific standards.
a.
Beneficiaries will contribute to the cost of roads and public
transport contracts only for the Projects that require submitting Traffic
Impact Studies in accordance with the standards and rules stipulated in this
Resolution.
b.
Where the number of Generated Trips for a Project exceeds one hundred and fifty (150)
trips during Peak Hours on affected roads, a Traffic Impact Study must be
submitted in accordance with the Trip Generation and Parking Rates Manual and
the provisions of this Resolution.
c.
The Traffic Impact Study referred to in paragraph (b) of this
Article must be conducted at the
expense of the Beneficiary and submitted by a Consultant, in accordance with the technical standards and
procedures stipulated in Traffic Impact Studies Manual.
A Traffic Impact Study approval will be issued in accordance with the following procedures:
1. An application for conducting the Traffic Impact Study will be submitted
by the Consultant to the TRA on the form prescribed by it for this purpose, and the relevant prescribed fees will be paid.
2. The TRA will consider the application and
verify that it meets all relevant requirements and is accompanied by all required
documents. The TRA may require any other documents it may deem necessary for
considering the application.
3. After verifying that the application meets
the prescribed requirements and is accompanied by the required documents, the
TRA will request the Consultant to provide it with the following:
a.
the Traffic Impact Study, prepared in accordance with the technical standards and procedures stipulated
in the Traffic Impact Studies Manual; and
b.
the estimated amount of the Beneficiary's contribution to the cost of roads and public transport contracts, as determined under Article (11) of this
Resolution.
4. After considering the Traffic Impact
Study and the contribution amount, the TRA will issue its approval of the study and contribution amount; submit the same to the Director General
for approval; and require the Beneficiary to
pay the contribution amount in one payment or in instalments as per the provisions of
this Resolution.
Traffic Impact Studies will be conducted at three (3) different
levels as follows:
1.
Level One
This level
will be
adopted for any Project
generating from one hundred fifty (150) to five hundred (500) trips during Peak
Hours on the roads affected by the Project. The following rules will apply to this level:
a.
The Study Zone at this level will be restricted to the access roads and exits of the Project
and to the traffic flow thereon.
b.
The Traffic Impact Study at this level must cover the elements specified in the Traffic Impact Studies Manual.
c.
Using the Traffic Model is not required at this level.
d.
Concluding a Cost-sharing Agreement is not required at this level.
e.
Notwithstanding the provisions of paragraph (c) of Article (4) of
this Resolution, the Beneficiary
may, at this level, request the RTA to appoint a Consultant, provided that the
Beneficiary undertakes to bear all relevant costs prescribed by the RTA.
2.
Level Two
This level
will be
adopted for any Project
generating from five hundred and one (501) to one thousand and five hundred
(1,500) trips during Peak Hours on the roads affected by the Project. The following rules will apply to this level:
a. The Study Zone at this level will cover the access roads and exits of the Project,
the traffic flow within the Project, and the nearest Junctions in all directions.
b. The Traffic Impact Study at this level
must cover the elements specified in the Traffic Impact Studies Manual.
c. Using the Traffic Model is not required
at this level.
d. Concluding a Cost-sharing Agreement is
not required at this level.
3.
Level Three
This level
will be
adopted for any Project
generating more than one thousand and five hundred (1,500) trips during Peak
Hours on the roads affected by the Project. The following rules will apply to this level:
a. The Traffic Impact Study at this level
must cover the elements specified in the Traffic Impact Studies Manual.
b. Using the Traffic Model is required when
conducting the Traffic Impact Study at this level.
c. Concluding a Cost-sharing Agreement is
required at this level.
Contributions by Beneficiaries to the cost of roads and public
transport contracts will cover all Traffic Solution elements related to the
roads and public transport network, including:
1.
bridges and tunnels;
2.
Junctions;
3.
railways;
4.
railway stations;
5.
roads and transport networks and related facilities;
6.
any other public transport facilities and car parks directly serving the Project, as determined by the RTA in this respect; and
7.
any other works pertaining to the Traffic Solution elements related to the public utilities of concerned entities in the
Emirate, as determined by the RTA in coordination
with these entities.
Beneficiaries will bear the total costs of constructing, implementing, and maintaining the
following Traffic Solution elements:
1.
the surface roads, bridges, tunnels, and Junctions located within
the boundaries of the Project;
2.
the surface roads, bridges, tunnels, and Junctions located outside
the boundaries of the Project and directly serving and leading to the project;
3.
the railways that serve the Project exclusively, whether they are located within or
outside of the boundaries of the Project, where these railways are constructed at the request
of the Beneficiary;
4.
the railway stations that are constructed within the boundaries of the Project at the
request of the Beneficiary, the pedestrian bridges connected to these stations, and any other Traffic Solutions required for their construction;
5.
any other public transport facilities and public parks constructed at the request of the
Beneficiary within the boundaries of the Project; and
6.
any other works pertaining to the Traffic Solution elements related to the public utilities of concerned entities in the
Emirate, as determined by the RTA in coordination
with these entities.
Beneficiaries will bear part of the costs of constructing, implementing, and maintaining
the following Traffic Solution elements located within a Cost-sharing Area:
1.
the bridges, tunnels, and Junctions located outside the boundaries
of the Project, whether they
are implemented as new Traffic Solutions or with a view to developing an existing road network;
2.
the railway, public transport, and marine transport stations
constructed within the Project as part of implementing the strategic plans adopted by the RTA to
develop the Emirate’s infrastructure;
3.
the railway, public transport, and marine transport stations
constructed outside the boundaries of the Project but within the Cost-sharing
Area; and
4.
any other public transport or car park facilities constructed outside the boundaries of the
Project and indirectly serving the Project.
A Beneficiary will not bear any of the costs of constructing, implementing, and
maintaining any of the following Traffic Solution elements:
1.
the surface roads that are located outside of the boundaries of the
Project and that do not exclusively or directly lead thereto, including highways, main roads, local roads, or
any other roads, whether or
not they are located within the Cost-sharing Area;
2.
the bridges, tunnels, and Junctions located outside the boundaries of the Cost-sharing
Area; and
3.
the public transport lines, railways, maritime transport lines, and car parks established as part of the strategic plans adopted
by the RTA to develop the Emirate’s infrastructure, whether or not these lines and facilities are located within the boundaries of the
Project.
The amount of total or
partial contribution of a Beneficiary to the cost of roads and public transport
contracts will be determined in accordance with the relevant procedures, rules,
standards, and formulas stipulated in the Traffic Impact Studies Manual and the
Trip Generation and Parking Rates Manual.
a. A Beneficiary may request any amendments to a Traffic Impact Study
approved by the TRA for a Project, including changing land use, introducing new
forms of land use, or making modifications to the road and
public transport network adopted for the Project. In that case, the standards and procedures
stipulated in the Traffic Impact Studies Manual must be observed.
b. Where the TRA approves a request to amend a Traffic Impact Study in accordance with paragraph (a) of this Article, the
following rules will apply:
1.
The conduct of a new Traffic Impact Study will not be required
where the increase in the number of Generated Trips, during any of the Peak Hours, on the roads affected by the Project is
less than five percent (5%) of the number of Generated Trips stated in the Traffic Impact Study approved by the TRA.
2.
The Traffic Impact Study of the internal roads and the access and
exits roads of the Project must be amended if the number of Generated Trips, during any of the Peak Hours, on the roads affected by the Project is
five percent (5%) to ten percent (10%) higher than the number of the Generated
Trips stated in the Traffic Impact Study approved by
the TRA.
3.
A new Traffic Impact Study must be conducted if the number of
Generated Trips, during
any of the Peak Hours, on the roads affected by the Project is more than ten percent
(10%) higher than the number of the Generated Trips stated in the Traffic Impact Study approved by the TRA.
c. The amount of contribution that must be paid towards the
cost of roads and public transport contracts as a result of amending a Traffic Impact Study will be determined
in accordance with the relevant procedures, rules, standards, and formulas
stipulated in the Traffic Impact Studies Manual and the Trip Generation and
Parking Rates Manual.
d. The RTA may, upon the request of a
Beneficiary and in accordance with the standards adopted by the RTA in this
respect, refund any difference in the costs of constructing and implementing
any of the Traffic Solution elements as a result of amending a Traffic Impact Study if the number of Generated Trips, during any of the Peak Hours, on the roads affected by the Project is
less than the number of the Generated Trips stated in the Traffic Impact Study approved by the TRA.
The RTA may, upon the request of a Beneficiary, accept the payment by the Beneficiary of his contribution to the cost of roads and
public transport contracts in instalments. In that case, the amount and due date of each instalment must be determined in accordance with the rules,
procedures, and conditions approved by the RTA in this respect.
a.
A Sub-developer will not be liable for any contribution amounts in relation to designing, implementing, and
maintaining the Traffic Solution elements required to serve the Project of the Master Developer, provided
that the Sub-developer observes the land use approved in the structure plan of the
Master Developer.
b.
Where changes are to be made to the land use in a subproject which
forms part of a master
Project, the Sub-developer must obtain the approval of the Master Developer to these changes before submitting the same to the RTA. This will not apply
where the Sub-developer observes the same land use but with smaller areas than those approved under the structure plan of the Master Developer.
c.
Unless otherwise agreed by the Master Developer and the
Sub-Developer, the Master Developer will bear all legal and financial liabilities arising
from the changes proposed by the Sub-developer.
Where the Consultant fails to follow up an application for Traffic Impact Study approval or delays in submitting the Traffic Impact
Study as prescribed by
the Traffic Impact Studies Manual, for more than eighteen (18) consecutive or
non-consecutive months, the Traffic Impact Study will be deemed incomplete and will
be removed from the relevant system maintained by the RTA. In this case, the Consultant must provide a new Traffic Impact Study and
pay the relevant prescribed fees.
a. The amount of contribution to the cost of roads and
public transport contracts, as prescribed under this Resolution, will not be collected in respect of any master plan issued by the Dubai
Municipality and regulating
land use in the Emirate. Nevertheless, the Traffic Impact Studies required for these plans must be conducted by the RTA prior to disposing
of the land.
b. A Developer implementing a Project included in the master plan referred to in
paragraph (a) of this Article must provide a Traffic Impact Study for the
Project and pay the relevant amount of contribution to the cost of roads and public
transport contracts as prescribed under this Resolution.
c. Where a Master Developer is granted a number of land plots demarcated as per the master plan referred to in
paragraph (a) of this Article to sell them to a Sub-developer, the Master
Developer must, before disposing of these land plots, submit a Traffic Impact Study and pay the amount of contribution to the cost of roads and
public transport contracts as prescribed under this Resolution.
a.
Unless the relevant prior approval of the RTA is
obtained, no land plot may
be subdivided or amalgamated with another plot
within the boundaries of a Project, and no rights of way attached thereto may be cancelled or modified, if that subdivision, amalgamation, cancellation, or modification would affect the traffic flow or increase the
number of trips or the road or public transport network costs.
b.
Where more than one Project is implemented on a number of adjacent land plots that are owned by the same Developer and are not
created by the subdivision of a single land plot, the Developer must submit a Traffic Impact Study and pay the relevant
prescribed fees for each of these land plots separately.
c.
Where more than one Project is implemented on a number of adjacent land plots
that
are owned by the same
Developer and are created by the subdivision of a single land plot, the Developer must provide one Traffic Impact Study and pay the
relevant prescribed fees for all these land plots.
Where the owner of a Project for which a permit is issued prior to
the effective date of this Resolution requests making modifications or additions to the
Project, the following
rules will apply:
1.
A Traffic Impact Study for the additions or modifications to be made to the Project will be submitted in
accordance with the provisions of this Resolution.
2.
Where the additions or
modifications to the Project require submitting a Traffic Impact Study under
this Resolution, this study must be
submitted for the whole Project. However, the amount of contribution to the
cost of roads and public transport contracts will be collected only in respect of the additions to the Project.
The Chief Executive Officer of the TRA will issue the instructions
required for the implementation of this Resolution.
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
Roads and Transport Authority
Issued in Dubai on 15 July 2021
Corresponding to 5 Thu al-Hijjah 1442 A.H.
©2021 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.