Administrative Resolution No. (2) of 2023
Concerning Investigation into
Maritime Accidents and Incidents in the Emirate of
Dubai[1]
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The Executive
Director of the Dubai Maritime Authority,
After
perusal of:
Law
No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai;
Law
No. (3) of 2023 Concerning the Dubai Maritime Authority;
Executive
Council Resolution No. (11) of 2013 Issuing the Implementing Bylaw of Law No.
(11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai and
its amendments; and
The
international treaties and conventions, and the federal legislation concerning Investigation
into Maritime Accidents and Maritime Incidents,
Does 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:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
MOEI: |
The Ministry of Energy and
Infrastructure. |
|
DMA: |
The Dubai Maritime Authority. |
|
Executive Director: |
The executive director of the DMA. |
|
Concerned Entity: |
This includes the Dubai Police and any
local government entity legally in charge of investigating into or dealing
with Maritime Accidents and Maritime Incidents that take place within the
Waters of the Emirate, including any judicial entity. |
|
Waters of the Emirate: |
The waters of the Emirate lying
between the Dubai-Sharjah border and the Dubai-Abu Dhabi border, and extending
to the exclusive economic zone, including the internal waters of the Emirate,
such as Ports, harbours, marinas, canals, waterways, and creeks. |
|
Vessel: |
A vessel of any type or structure
whatsoever, including Wooden Ships and remotely piloted vessels, operated on
the Waters of the Emirate to transport Passengers, Goods, or other items for
personal purposes, such as cruises or recreational fishing; or for
commercial, sports, or tourism purposes. |
|
Port: |
A natural or man-made Vessel anchorage
and berthing facility where necessary services are provided to Vessels to
arrange or end their trips, including the wharves, buildings, harbours, and
structures located in, on, or near water, as well as the land required for
using that facility. This includes all commercial ports and other ports used
for loading and unloading Goods and transporting Passengers in the Emirate,
such as dry ports, Port Facilities, and container handling terminals, as well
as the services and operations related thereto. Ports include Port Rashid, Al
Hamriya Port, and Jebel Ali Port. |
|
Harbour: |
A permanent or temporary Vessel
anchorage and berthing facility within the Waters of the Emirate, including any
marina, water sports club, fishing harbour, or private harbour. |
|
Maritime Safety: |
A set of rules, measures, procedures,
and methods that ensures the safety of lives within the Waters of the Emirate
by regulating navigation routes and their safe operation; and ensuring that
Vessels are provided with personal, professional, and first aid equipment;
rescue and survival equipment; and fire detection and fire-fighting
equipment. |
|
Maritime Accident: |
Any act or event that is related to
the operation of a Vessel and that results in: 1. loss
of life or damage to property; 2. damage
to other Vessels; 3. damage
to the Vessel, its hull, cargo, or equipment; or harm to its crew; 4. damage
to marine infrastructure or any maritime structure; or 5.
causing harm to the environment or endangering
maritime safety. |
|
Maritime Incident: |
Any act or event that is related to
the operation of a Vessel and that could have resulted in a Maritime
Accident. |
|
Investigation: |
A technical process aimed at
identifying the causes and consequences of a Maritime Accident or Maritime
Incident that takes place within the Waters of the Emirate, and determining
the procedures and means of addressing its causes and ensuring its
non-recurrence. |
Without prejudice to the federal legislation
in force in the UAE, and the international treaties and conventions to which
the UAE is a party or an acceding party, the provisions of this Resolution
apply to:
1.
the
Maritime
Accidents and Maritime Incidents that take place within the Waters of the
Emirate as a result of operating the Vessels licensed by the DMA; and
2.
the
Maritime
Accidents and Maritime Incidents that take place within the Waters of the
Emirate as a result of operating Vessels that are not licensed by the DMA, and
to which this Resolution applies based on the request of the MOEI or the
Concerned Entity.
For the purpose of enhancing Maritime
Safety within the Waters of the Emirate, the DMA may verify the causes of
Maritime Accidents and Maritime Incidents, and take the necessary action to
prevent their recurrence. For
this purpose, the DMA may:
1.
investigate into the Maritime Accidents and Maritime Incidents that
take place in the Waters of the Emirate as a result of operating the Vessels
licensed by the DMA;
2.
investigate, upon the request of the MOEI or the Concerned Entities,
the Maritime Accidents and Maritime Incidents that take place within the Waters
of the Emirate as a result of operating Vessels that are not licensed by the
DMA;
3.
report
to the MOEI the Maritime Accidents and Maritime Incidents that occur as a
result of operating Vessels that are not licensed by the DMA;
4.
provide advice and technical support to the Concerned Entities to
assist them in performing their functions in respect of dealing with Maritime
Accidents and Maritime Incidents;
5.
issue
the
necessary reports stating the causes of the Maritime Accidents and Maritime
Incidents and the relevant influencing factors; and follow up the implementation
of the recommendations and corrective measures included in these reports, in
coordination with the Concerned Entities;
6.
facilitate the performance by the competent employees of the MOEI or
Concerned Entities of their duties in investigating into or dealing with any
Maritime Accident or Maritime Incident that take place within the Waters of the
Emirate;
7.
review
the reports and Investigation findings issued by the MOEI in respect of any
Maritime Accident or Maritime Incident that takes place within the Waters of
the Emirate; and propose the relevant recommendations to prevent its
recurrence;
8.
adopt
the methods, procedures, and forms required for reporting Maritime Accidents and
Maritime Incidents that take place within the Waters of the Emirate;
9.
form
specialised work teams to investigate into any Maritime Accident or Maritime
Incident that takes place
within the Waters of the Emirate. These teams may be comprised of employees of
the DMA or other persons who have the expertise and competence required to
conduct Investigations;
10. coordinate with the MOEI on any
additional Maritime Safety requirements or measures that must be fulfilled in
implementation of international treaties and conventions; and
11. exercise any other duties or powers
required for ensuring Maritime Safety within the Waters of the Emirate.
In reporting a Maritime Accident or
Maritime Incident, the DMA must be provided with the following information:
1.
the
name or number of the Vessel, as approved by the DMA, the MOEI, or the IMO; and
the Vessel’s
call sign;
2.
the
place and
time of the Maritime Accident or Maritime Incident;
3.
the
details
of the Vessel's cargo/ of the Vessel;
4.
the
type of
the Maritime Accident or Maritime Incident;
5.
a
summary of the Maritime Accident or Maritime Incident, including the number of
injuries or fatalities, and the material damage caused, if any;
6.
a
summary
of the weather conditions at the time of the Maritime Accident or Maritime
Incident;
7.
particulars
of the Vessels involved in the Maritime Accident or Maritime Incident,
where more than one Vessel is involved; and
8.
any
other information or data that may be required for conducting the
Investigation.
Once a Maritime Accident or Maritime Incident is
reported to the DMA, the DMA must:
1.
notify
the Concerned Entities that it has initiated an Investigation;
2.
gather and analyse the initial information or data on the
Maritime Accident or Maritime Incident;
3.
categorise the received information and data; and assess
the need for Investigation, while ensuring that the information or data is not altered
or concealed and that the relevant documents are not destroyed;
4.
take, in coordination with the Concerned Entities, the
necessary action to preserve the site of the Maritime Accident or Maritime Incident,
and ensure that this site is not altered or manipulated; and
5.
reopen the Investigation into the Maritime Accident or
Maritime Incident where new data or information that may affect the findings of
the previous Investigation emerges.
Without prejudice to the procedures stipulated
in the legislation in force, the DMA may, in coordination with the Concerned
Entities:
1.
impound the Vessel until completion of the
Investigation;
2.
not allow the foreign visiting Vessel to continue its
voyage where this may hinder the Investigation;
3.
temporarily seize/retain any part of the wreckage
resulting from the Maritime Accident; and
4.
remove any part of the wreckage resulting from the
Maritime Accident, in case it endangers the Marine environment or Marine
Safety.
a.
Upon
concluding an Investigation, the DMA will prepare a preliminary detailed report
including the findings of the Investigation into the Maritime Accident or
Maritime Incident. This report must include:
1.
the name of the Vessel; and its registration entity,
flag state, owner, operator, classification authority, call sign, and approved
registration number;
2.
a chronological account of the events related to the
Maritime Accident or Maritime Incident, and a statement of the resulting damage,
if any;
3.
the primary and secondary causes of the Maritime
Accident or Maritime Incident; and
4.
the recommendations necessary for preventing the
recurrence of the Maritime Accident or Maritime Incident in the future.
b.
The
DMA will
send a copy of the preliminary detailed report to the Concerned Entities to
provide their comments within thirty (30) days from the date on which it is
sent.
c.
Where
the Concerned Entities have no comments on the preliminary detailed report or
where they fail
to provide their comments within the time limit stipulated in paragraph (b) of
this Article, the DMA will adopt the final Investigation report on the Maritime
Accident or Maritime Incident. Otherwise, the DMA will amend the report in
light of the comments it receives from these Concerned Entities and their
discussion of the same.
d.
The
DMA will,
upon its adoption of the final Investigation findings report on the Maritime
Accident or Maritime Incident, send that report to the Concerned Entities to
take the relevant appropriate action.
a.
The
employees
of the DMA or of the Concerned Entities may not disclose any data, information,
records, documents, or drawings to which they have access in the course of
conducting the Investigation, unless that disclosure is made in accordance with
the legislation in force or based on a request from a competent judicial entity.
This includes:
1.
any communications between the individuals involved in
the operation of the Vessel;
2.
any medical information or personal information
related to the individuals involved in the Maritime Accident or Maritime
Incident;
3.
any data, information, records, documents, or drawings whose
leakage may affect the course of the Investigation.
b.
The
DMA will maintain a special register to document the Investigations of Maritime
Accidents and Maritime Incidents for the period of fifty (50) years starting
from the date of completion of the Investigation.
Where it is established to the
satisfaction of the DMA that a Maritime Accident or Maritime Incident involves
a criminal
offence, the DMA must refer the matter to the competent judicial entity in the
Emirate to take the relevant necessary action.
The penalties and measures stipulated in the
above-mentioned Executive Council Resolution No. (11) of 2013 will be imposed
against any person who violates the provisions of this Resolution.
The provisions of this Resolution apply
without prejudice to the functions assigned to Government Entities, including the Dubai Police,
under the federal and local legislation in force in the Emirate.
Any provision in any other
administrative resolution is hereby 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 on the day on which it is published.
Dr. Saeed bin Ahmed bin Khalifa Al
Maktoum
Executive
Director
Dubai
Maritime Authority
Issued in Dubai on 12
September 2023
Corresponding to
26 Safar 1445 A.H.
©2024 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.