Executive Council
Resolution No. (53) of 2023
Amending Executive
Council Resolution No. (1) of 2017
Regulating
Railways in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin
Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the
Executive Council,
After
perusal of:
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (17) of 2005
Establishing the Roads and Transport Authority and its amendments; and
Executive Council Resolution
No. (1) of 2017 Regulating Railways in the Emirate of Dubai (the “Original
Resolution”),
Do hereby issue this
Resolution.
Articles
(1), (4), (6), (7), (10), (15), (17) and (18) of the Original Resolution are
hereby superseded by the following:
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. |
Director General: |
The
director general and chairman of the Board of Executive Directors of the RTA. |
Agency: |
The
Rail Agency of the RTA. |
Safety Regulatory Entity: |
The
organisational unit within the RTA responsible for Railway Systems safety
planning and regulation. |
Government Entity: |
Any
of the Government departments; public agencies and corporations; Government
councils; public authorities, including the authorities supervising special
development zones and free zones; or other public entities affiliated to the
Government of Dubai. |
Railways: |
A
guided rail transport system designated for the transportation of Passengers
and goods on fixed tracks. This includes, but is not limited to, light and
heavy Railways. |
Infrastructure: |
The
facilities, utilities, and software required for operating Railways,
including, but not limited to, stations for Passenger embarkation and
disembarkation and for goods loading and unloading; signalling,
communications, and marking systems; power sources, locomotive systems; and
maintenance depots. |
Rolling Stock: |
Vehicles
running on Railways including, but not limited to, locomotives, trains,
trams, light inspection vehicles, self-propelled maintenance vehicles,
freight wagons, and monorail vehicles. |
Public Railway Network: |
The
Railway Systems of the RTA. |
Private Railway Network: |
Railway
Systems that are not owned by the RTA. |
Railway Systems: |
The
Railways, Infrastructure, and Rolling Stock. |
Vehicle: |
Any
motorised machine, Pedal Cycle, Motorcycle, Carriage, or other machine
designed to run on Roads, whether mechanically propelled or otherwise. This
includes tractors. |
Operations: |
The
development and maintenance of Railway Systems, and the operation and
movement of Rolling Stock or participation in their operation or movement. |
Person: |
A
natural or legal person. |
Owner: |
A
Person who owns Railway Systems in whole or in part. |
Operator: |
A
Person authorised by the RTA to perform Operations pursuant to this
Resolution. |
Contractor: |
A
Person who is licensed to practise the contracting profession in accordance
with the legislation in force in the Emirate, and who is appointed by an Owner
or an Operator to perform any work related to Railway Systems. |
Consultant: |
A
Person who is licensed to practise the engineering consultancy profession in
accordance with the legislation in force in the Emirate, and who provides
engineering or technical consultations on any matter relating to or affecting
Railway Systems. |
Permit Holder: |
A
Person to whom a Compliance Certificate, a Safety Certificate, an Operational
Safety Certificate, or a No-objection Certificate is issued pursuant to this
Resolution. |
Railway Right of Way: |
An
area along land or water which is designated by the RTA for Railway Systems. |
Prohibited Zone: |
An
area, within the Railway Right of Way, which is demarcated by the Agency
using markings, signs, or fences and to which access by unauthorised Vehicles
or Persons is prohibited. |
Critical Zone: |
The
Railway Right of Way and its surrounding area, as demarcated by the RTA. |
Protection Zone: |
The
Critical Zone and its surrounding area, as demarcated by the RTA. |
Restricted Activities: |
The
activities which may compromise the safety of the Public Railway Network, as
determined by the Agency. |
No-objection Certificate: |
A
document issued by the Agency, through the no-objection certificate
electronic system adopted in the Emirate, authorising a Person to perform any
construction works or activities within the Protection Zone. |
Review Completion Certificate: |
A
document, issued by the Agency to an Owner or his authorised representative,
which certifies that the design and construction plans for a Private Railway
Network or for any of its components have been reviewed by the Agency, and
that they meet the conditions and requirements prescribed by this Resolution
and the General Guidelines Manual. |
Compliance Certificate: |
A
document issued by the Agency certifying that an Owner or his authorised
representative has complied with the General Guidelines Manual in performing
the construction works related to a Private Railway Network. |
Safety Conditions: |
A
set of rules and standards, approved by the RTA, that must be complied with
in designing Railway Systems in order to eliminate the risks that may lead to
Accidents, to exceeding the internationally recognised Accident rate, or to
exceeding the Noise and Vibration levels prescribed in the schedules attached
hereto. |
Safety Proofs: |
A
set of documents submitted by an Owner, Operator, or Contractor proving that
the Railway Systems and adopted safety management systems ensure safe
operation and transport during or after performing construction works or
Operations. |
Safety Certificate: |
A
document issued by the Safety Regulatory Entity to an Owner certifying that
his Railway Systems or any parts thereof are safe. |
Operational Safety Certificate: |
A
document issued by the Safety Regulatory Entity to an Operator authorising
him to perform Operations after verifying that Safety Proofs and Safety
Conditions are met. |
Independent Safety Assessor: |
A
company or an establishment authorised by the Safety Regulatory Entity to
review Safety Proofs and verify compliance by Owners, Operators, or Contractors
with the safety requirements prescribed in the Safety Conditions and Safety
Proofs, and with the requirements of the Safety Regulatory Entity. |
Accident: |
An
unexpected and undesirable incident which is directly associated with Railway
Systems and which results or may result in personal Injury or material
damage. |
Investigation: |
A technical
process aimed at identifying the causes and consequences of an Accident and
determining the procedures and means of redressing the causes of that
Accident and ensuring its non-recurrence. |
Injury: |
Any
physical harm sustained by a natural person and resulting from a fault or
negligence related to Railway Systems. |
Inspector: |
Any
person who is granted law enforcement capacity pursuant to this Resolution,
and who is working for the Agency or the Safety Regulatory Entity or is
appointed by the RTA to act in this capacity. |
Prohibition Notice: |
A
written notice served by an Inspector on any Person requiring that Person to
cease performing any work or to take any measure required to avert endangering
Railway Systems. |
Notice of Remedy: |
A
written notice served by an Inspector on a Permit Holder who violates the
provisions of this Resolution, the resolutions issued in pursuance hereof,
Safety Proofs, or Safety Conditions, requiring him to take any actions or measures
required to manage risks to which Railway Systems may be exposed. |
General Guidelines Manual: |
A
document that contains the general guidelines for the construction and
development of a Private Railway Network in the Emirate. |
Planning and Design Standards
Manual: |
A
document that contains the technical requirements and standards for planning
and designing the Public Railway Network. |
Railway Protection Rules Guide: |
A
document that contains the standards, requirements, and procedures required
for issuing No-objection Certificates. |
Noise: |
The
sounds or other audible oscillations that cause nuisance or harm to public
health. |
Vibrations: |
The
oscillating movement of particles around a certain point causing harm or damage
to public health and Infrastructure. |
Functions of the RTA
Article (4)
For the purpose of achieving
the objectives of this Resolution, the RTA will have the duties and powers to:
1.
plan, design, and develop the Public
Railway Network in the Emirate;
2.
regulate the construction,
operation, and maintenance of Private Railway Networks in the Emirate;
3.
approve the conditions, procedures,
rules, standards, and specifications adopted by the Agency and the Safety
Regulatory Entity;
4.
approve the conditions, rules, and
procedures based on which the Agency and the Safety Regulatory Entity issue the
certificates set out in this Resolution;
5.
ensure that the certificates issued
by the Agency and the Safety Regulatory Entity, and that the Investigations
conducted by Inspectors, are free from any conflict of interests and that they
are issued or conducted independently from the Owners, Operators, Contractors, and
other Persons to whom this Resolution applies;
6.
cooperate and coordinate with the
concerned entities in the Emirate and in neighbouring emirates to achieve the
objectives of this Resolution, including to achieve integration between Railway
Systems and other transport systems;
7.
conclude contracts and agreements
related to Railway Systems;
8.
take the necessary measures to
protect Railway Systems;
9.
approve the policies, plans, and
programmes submitted to it by the Agency and the Safety Regulatory Entity in
relation to this Resolution and the resolutions issued in pursuance hereof; and
10. exercise
any other duties or powers required for the achievement of the objectives of
this Resolution.
Functions of the Agency
Article (6)
For the purpose of achieving
the objectives of this Resolution, the Agency will have the duties and powers
to:
1.
propose the policies, plans, and
programmes required for planning and designing the Public Railway Network, including
those related to Operations; submit the same to the Director General for
approval; and supervise implementation of the same upon their approval;
2.
approve the Railway Protection Rules
Guide, the General Guidelines Manual, and the Planning and Design Guidelines.
This includes determining the Noise and Vibration levels permitted during the
design of Railway Systems and performance of construction works and Operations;
3.
prescribe the standards and criteria
for the pre-qualification and accreditation of Contractors, Consultants, and
Operators;
4.
issue No-objection Certificates and
Compliance Certificates, and verify compliance
with their terms;
5.
determine, in coordination with the
concerned Government Entities, the areas of Railway Right of Way of the Public
Railway Network and the surrounding areas, in accordance with the provisions of
this Resolution; and submit the area details to the Director General for
approval;
6.
coordinate with the developers and
concerned entities to determine the areas of Railway Right of Way of Private
Railway Networks and the surrounding areas, and submit the area details to the
Director General for approval;
7.
approve the Restricted Activities in
coordination with the concerned Government Entities; and
8.
exercise any other duties or powers
falling within its functions and assigned to it by the Director General, as
required for the implementation of this Resolution and the resolutions issued
in pursuance hereof.
Construction and Operation of Railway Systems
Article (7)
a.
No Person may perform the construction
work or Operations of Railway Systems in the Emirate, or conduct any activities
or work related to the same, without first obtaining any of the following
certificates, as the case may be:
1. Safety Certificate;
2. Operational Safety Certificate;
3. Review Completion Certificate; or
4. Compliance Certificate.
b.
An Owner, Contractor, or Operator
must submit a comprehensive insurance policy issued by an insurance company
licensed to operate in the Emirate prior to commencing construction works or
Operations. The Director General will,
pursuant to a resolution he issues in this respect, prescribe
the rules and requirements related to the insurance policy.
No-objection Certificate
Article (10)
a.
No Person may conduct any work or
activities, including the Restricted Activities, within the Protection Zone
without first obtaining a No-objection Certificate. This certificate will be
issued in accordance with the relevant conditions and procedures adopted by the
RTA.
b.
Notwithstanding the provisions of
paragraph (a) of this Article, the following will apply:
1. A competent Government Entity may,
in emergencies, perform any works, including those classified as Restricted
Activities, before obtaining a No-objection Certificate, provided that the
Agency is notified prior to the commencement of such works.
2. The Agency may waive the requirement
to obtain a No-objection Certificate for performing works or conducting
activities in the Protection Zone if they do not compromise the safety of the
Railway Systems. This waiver will be granted in accordance with the relevant
procedures prescribed by the Agency.
Penalties and Administrative Measures
Article (15)
a.
Without prejudice to any stricter
penalty stipulated in any other resolution, a Person who commits any of the
violations mentioned in Schedule (5) and Schedule (6) attached to this
Resolution will be punished by the fine indicated opposite that violation.
b.
Notwithstanding the provisions of
paragraph (a) of this Article, imposing a fine on a Person who commits any of
the violations prescribed by a resolution of the Director General must be
preceded by serving a written warning on that Person requiring him to redress
and remedy the violation within a time frame determined by the Agency or the
Safety Regulatory Entity. Where the violator fails to do so, the fine will be
imposed on him.
c.
Upon repetition of the same
violation in the same location or project within one (1) year from the date of
the previous violation, the amount of the relevant fine set forth in either of the
two schedules referred to in paragraph (a) of this Article will be doubled. A
doubled fine must not exceed five hundred thousand dirhams (AED 500,000.00).
d.
In addition to the penalty of a fine
prescribed in paragraph (a) of this Article, the Director General or his
authorised representative may take one or more of the following measures
against a violator:
1. suspension of works until the
violation is remedied;
2. revocation of the certificate issued
to the violator; and/ or
3. ordering the violator to remedy the
violation he has committed within a time frame prescribed by the Director
General, failing which the RTA may remedy the violation using its own resources
or through engaging any other entity, and hold the violator liable for all
costs incurred, in addition to administrative charges of twenty-five percent
(25%) of these costs. The RTA's estimate of these costs will be final.
Law Enforcement
Article (17)
The RTA employees and the personnel
of the corporations and companies contracted by the RTA, who are 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 issue the necessary violation reports; and, where necessary,
seek the assistance of police personnel.
Grievances
Article (18)
Any affected party may submit
a written grievance to the Director General against the decisions, procedures,
and measures taken against him under this Resolution within thirty (30) days of
being notified of the contested decision, procedure, or measure. The grievance
will be determined, within thirty (30) days from the date of its submission, by
a committee formed by the Director General for this purpose; and the decision
on the grievance will be final.
Schedules (4) and (6)
attached to the Original Resolution are hereby superseded by the Schedules
attached hereto.
This Resolution will be
published in the Official Gazette and will come into force on the day on which
it is published.
Hamdan
bin Mohammed bin Rashid Al Maktoum
Crown
Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 19 June 2023
Corresponding
to 1 Thu al-Hijjah 1444 A.H.
SN |
Description |
Fee (in dirhams) |
1 |
Issuing
a Safety Certificate |
2,000,000.00 |
2 |
Issuing
a Safety Certificate for Rolling Stock |
2,000,000.00 per type of Rolling Stock |
3 |
Issuing
a Safety Certificate for a warehouse |
200,000.00 |
4 |
Issuing
a Safety Certificate for a Station |
75,000.00 |
5 |
Issuing
a Safety Certificate for an operation control centre |
40,000.00 |
6 |
Issuing
a Safety Certificate for a railway track |
20,000.00 per kilometre |
7 |
Issuing
an Operational Safety Certificate |
2,000,000.00 |
8 |
Issuing
an Operational Safety Certificate for Rolling Stock |
40,000.00 (plus twenty-five percent (25%) of the fee, to be paid annually) for each
Rolling Stock |
9 |
Issuing
an Operational Safety Certificate for a warehouse |
400,000.00 (plus twenty-five percent (25%) of the fee, to be paid annually) |
10 |
Issuing
an Operational Safety Certificate for a Station |
2,000.00 (plus twenty-five percent (25%) of the fee, to be paid annually) |
11 |
Issuing
an Operational Safety Certificate for an operation control centre |
200,000.00 (plus twenty-five percent (25%) of the fee, to be paid annually) |
12 |
Issuing
an Operational Safety Certificate for a track |
2,000.00 per kilometre (plus twenty-five percent (25%) of the fee, to be paid annually) |
13 |
Issuing
a No-objection Certificate |
2,000.00 |
14 |
Renewal
of a No-objection Certificate |
1,000.00 |
15 |
Issuing
an authorisation for an Independent Safety Assessor |
50,000.00 |
16 |
Reviewing
preliminary designs of a Station |
24,000.00 per Station |
17 |
Reviewing
final designs of a Station |
98,000.00 per Station |
18 |
Issuing
a Compliance Certificate for a Station |
98,000.00 per Station |
19 |
Reviewing
preliminary designs of a Depot |
24,000.00 per Depot |
20 |
Reviewing
final designs of a Depot |
108,000.00 per Depot |
21 |
Issuing
a Compliance Certificate for a Depot |
108,000.00 per Depot |
22 |
Reviewing
preliminary designs of an operation control centre |
21,000.00 per operation control centre |
23 |
Reviewing
final designs of an operation control centre |
85,000.00 per operation control centre |
24 |
Issuing
a Compliance Certificate for an operation control centre |
85,000.00 per operation control centre |
25 |
Reviewing
preliminary designs of a track |
8,000.00 per kilometre |
26 |
Reviewing
final designs of a track |
40,000.00 per kilometre |
27 |
Issuing
a Compliance Certificate for a track |
40,000.00 per kilometre |
28 |
Issuing
a Compliance Certificate for a Railway System of operational capacity not
exceeding nine thousand (9,000) Passengers in one direction during Peak Hours |
1,063,000.00 |
29 |
Issuing
a Compliance Certificate for a Railway System of operational capacity exceeding
nine thousand (9,000) passengers in one direction during Peak Hours |
1,304,000.00 |
30 |
Reviewing
preliminary designs for the construction of a connection to Stations or other
Railway facilities |
30,000.00 Per connection |
31 |
Reviewing
final designs for the construction of a connection to Stations or other
Railway facilities |
40,000.00 Per connection |
32 |
Reviewing
preliminary designs for the construction of an additional Station in a
Railway System |
50,000.00 Per Station |
33 |
Reviewing
final designs for the construction of an additional Station in a Railway
System |
128,000.00 Per Station |
34 |
Issuing
a Compliance Certificate for a connection to Stations or to other Railway
facilities |
430,000.00 Per connection |
35 |
Issuing
a Compliance Certificate for an additional Station in a Railway System |
1,130,000.00 Per Station |
36 |
Using
the right of way on which a connection to Stations or to other Railway
facilities is constructed |
A variable annual fee ranging between five percent (5%) to twelve
percent (12%) of the value of the land on which the connection is constructed |
37 |
Issuing
the Railways Planning and Design Guidelines |
5,000.00 Per each volume of the guidelines |
SN |
Violation |
Fine (in dirhams) |
|
1 |
Conducting
or attempting to conduct activities, by any Person, within the Critical Zone
without first obtaining a No-objection Certificate |
50,000.00 |
|
2 |
Conducting
or attempting to conduct activities, by any Person, outside of the Critical
Zone, but within the Protection Zone, without first obtaining a No-objection
Certificate |
10,000.00 |
|
3 |
Failure
to comply with the terms of a No-objection Certificate |
20,000.00 |
|
4 |
Causing
an Accident that results in damage to Infrastructure |
50,000.00 |
|
5 |
Committing
or allowing others to commit any act that may cause damage to, or compromise
the safety of, Infrastructure |
10,000.00 |
|
6 |
Failure
by a Permit Holder to report an Accident to the Agency |
20,000.00 |
|
7 |
Preventing
or obstructing an Inspector, or any other Person authorised by the RTA, from
performing his duties in any way whatsoever |
50,000.00 |
|
8 |
Failure
to comply with any legal notice issued by the Agency within the prescribed time
frame |
Notice of Prohibition |
100,000.00 |
Notice of Remedy |
20,000.00 |
||
9 |
Constructing
or operating Infrastructure or performing any work related to Railway Systems
without obtaining a Compliance Certificate from the Agency |
500,000.00 |
|
10 |
Conducting
or attempting to conduct any activity in violation of the Compliance
Certificate |
300,000.00 |
|
11 |
Suspending
Infrastructure construction works or any other works related to Railway
Systems without obtaining a No-objection Certificate |
300,000.00 |
|
12 |
Exceeding
the maximum permitted limits of Noise or Vibrations |
20,000.00 |
|
13 |
Parking
a Vehicle in a Prohibited Zone |
200.00 |
©2023 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.