Administrative Resolution No. (816) of 2024

Amending Administrative Resolution No. (986) of 2018

Issuing the Implementing Bylaw of

Executive Council Resolution No. (1) of 2017

Regulating Railways in the Emirate of Dubai[1]

ــــــــــــــــــــــــــــــــــــــــــ

The Director General and Chairman of the Board of Executive Directors of the Roads and Transport Authority,

After perusal of:

Law No. (17) of 2005 Establishing the Roads and Transport Authority and its amendments;

Executive Council Resolution No. (1) of 2017 Regulating Railways in the Emirate of Dubai and its amendments; and

Administrative Resolution No. (986) of 2018 Issuing the Implementing Bylaw of Executive Council Resolution No. (1) of 2017 Regulating Railways in the Emirate of Dubai (the “Original Resolution”),

Does hereby issue this Resolution.

Superseded Articles

Article (1)

Articles (1), (2), (3), (4), (6), (10), (11), (12), (15), (18), (20), (22), and (24) of the Original Resolution are hereby superseded by the following: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.

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, such as the Dubai International Financial Centre; or other public entities affiliated to the Government of Dubai.

Director General:

The director general and chairman of the Board of Executive Directors of the RTA.

Agency:

The Rail Agency of the RTA.

TEC Resolution:

Executive Council Resolution No. (1) of 2017 Regulating Railways in the Emirate of Dubai amendments.

Safety Regulatory Entity:

The organisational unit within the RTA responsible for Railway Systems safety planning and regulation.

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.

Railway Systems:

These include Railways, Infrastructure, and Rolling Stock.

Track:

Any track designated for Railway Systems, including any track designated for guiding or supplying power to these systems, or supporting their operational requirements.

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.

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:

These include the development and maintenance of Railway Systems, and the operation and movement of Rolling Stock or contributing to 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 the TEC Resolution and this Resolution.

Contractor:

A Person 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 works related to Railway Systems.

Consultant:

A Person 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.

Authorised Person:

A Person to whom a Compliance Certificate, a Safety Certificate, an Operational Safety Certificate, or a No-objection Certificate is issued pursuant to the TEC Resolution and 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 Vehicles or unauthorised Persons is prohibited.

Critical Zone:

This includes the Railway Right of Way and its surrounding area as demarcated by the RTA.

Protection Zone:

This includes 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 the TEC Resolution, this Resolution, and the General Guidelines Manual.

Conformity 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 minimise 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 to the TEC Resolution.

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 the TEC Resolution and who works 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 whereby that Person is required to cease performing any works or to take any measure required to prevent jeopardising Railway Systems.

Notice to Remedy:

A written notice served by an Inspector on any Authorised Person who violates the provisions of the TEC Resolution, the resolutions issued in pursuance thereof, Safety Proofs, or Safety Conditions, requiring him to take the necessary actions and measures to manage potential 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 Guidelines:

A document that contains the technical requirements and standards for planning and designing the Public Railway Network.

Railway Protection Rules Guide:

The manual adopted by the Agency for the purpose of protecting Railway Systems which contains the standards, requirements, and procedures for issuing No-objection Certificates.

Insurance and Settlements Manual:

A document that contains the insurance strategy adopted by the RTA, including the rules and regulations governing such a strategy and its management. This document will also determine the risks that must be covered by insurance; the procedures for following up, and settlement of claims of, Accidents and settlement of insurance contracts that apply to all RTA assets and property; and the RTA’s legal liabilities arising from the conduct of its activities.

Supplier Prequalification and Performance Evaluation Manual:

A document that contains the general rules governing supplier prequalification and performance evaluation, and the duties and responsibilities of concerned parties.

Noise:

The sounds or other audible oscillations that cause nuisance or harm to public health.

Vibrations:

The movement of particles around a single spot forming oscillations that cause damage to public health and Infrastructure.

Emergency:

An unforeseen situation that affects any of the vital services within a Protection Zone and that requires action by the Government Entity responsible for this service or by any other entity it authorises to take any action that is required to restore or maintain the service or restore any damage sustained by the service, conduct the required maintenance, or repair any resulting damage.

Risk Register:

A register presented by an Owner or Operator that contains the potential risks related to Operations and Railway Systems and the ways in which such risks are managed.

Pedestrian Connections:

Pedestrian walkway connecting a public Railway station to a building.

Pedestrian Connections General Guidelines:

A document that contains the general guidelines related to Pedestrian Connections.

Pedestrian Connections Conformity Certificate:

A document issued by the Agency certifying compliance with the Pedestrian Connections General Guidelines.

Types of No-objection Certificates

Article (2)

Types of No-objection Certificates will be as follows:

1.      No-objection Certificates for obtaining information;

2.     No-objection Certificates for designs;

3.     No-objection Certificates for execution;

4.     No-objection Certificates for design and execution;

5.     No-objection Certificates for conducting trial trenching and test pitting;

6.     No-objection Certificates for conducting any of the Restricted Activities; and

7.     any other type of certificates introduced in the electronic system adopted in the Emirate for issuing No-objection Certificates.

Restricted Activities:

Article (3)

a.     Types of Restricted Activities will be as follows:

1.      constructing underground passageways and installing wells and test pits;

2.     conducting trench excavation, earth movement, shoring, deep foundation, and underground dewatering works;

3.     moving and operating cranes and other mechanical hoisting equipment, and using heavy equipment and machinery;

4.     dredging the sea, canals, and other bodies of water;

5.     installation, replacement, variation, or repair of any Infrastructure element;

6.     installing, replacing, and relocating telecommunications and power towers;

7.     conducting construction and maintenance works for Roads or associated infrastructure such as bridges, tunnels, car parks, traffic lights, and similar structures;

8.     conducting construction or maintenance works for buildings;

9.     erecting scaffolds and temporary structures such as temporary site offices, temporary storage facilities, sheds, and other similar structures;

10.   conducting landscaping, planting, and irrigation system works;

11.    installing hoardings, information boards, and road signs;

12.   conducting demolition works;

13.   using explosives and fireworks, and lighting fire; and

14.   conducting any other activity which the Agency deems as a potential hazard to public Railway Systems or Operations. This activity must be listed in the Railway Protection Rules Guide.

b.     The Railway Protection Rules Guide will determine the ancillary works that are categorised under the Restricted Activities stated in paragraph (a) of this Article, as well as the requirements, conditions, and rules governing these activities.

c.     The Agency may grant exemptions in respect of the Restricted Activities stated in paragraph (a) of this Article, subject to the rules and procedures stipulated in the Railway Protection Rules Guide.

Conditions for Issuing No-objection Certificates

Article (4)

A No-objection Certificate will be issued subject to the following:

1.      stating the type of the Restricted Activity or works to be conducted and providing a detailed description thereof, as prescribed by the Agency in the Railway Protection Rules Guide or specified in the No-objection Certificate electronic system adopted in the Emirate;

2.     satisfying all the technical requirements stipulated in the Railway Protection Rules Guide;

3.     submitting the documents and plans that specify impacts on the Railways; and

4.     meeting any other conditions or requirements prescribed by the Agency in this respect.

Validity and Renewal of No-objection Certificates

Article (6)

Except for the No-objection Certificates issued by the Agency with specific validity periods as specified in the No-objection Certificate electronic system adopted in the Emirate, a No-objection Certificate will be valid for a period of six (6) months, renewable for the same period. Renewal of a No-objection Certificate will be subject to the following conditions:

1.      The renewal application must be submitted within fifteen (15) days prior to expiry date of the No-objection Certificate.

2.     The No-objection Certificate must be renewed subject to the same requirements prescribed for initial issuance.

3.     The fee prescribed for issuing the No-objection Certificate must be paid.

Types of Review Completion Certificates

Article (10)

Types of Review Completion Certificates will be as follows:

1.      preliminary Review Completion Certificate for a Station;

2.     final Review Completion Certificate for a Station;

3.     preliminary Review Completion Certificate for a Depot;

4.     final Review Completion Certificate for a Depot;

5.     preliminary Review Completion Certificate for an operation control centre;

6.     final Review Completion Certificate for an operation control centre;

7.     preliminary Review Completion Certificate for a Track;

8.     final Review Completion Certificate for a Track;

9.     preliminary Review Completion Certificate for constructing a Link to a Station or other Railway facility;

10.   final Review Completion Certificate for constructing a Link to a Station or other Railway facility;

11.    preliminary Review Completion Certificate for constructing an additional Station in a Railway System; and

12.   final Review Completion Certificate for constructing an additional Station in a Railway System.

Conditions for Issuing Review Completion Certificates

Article (11)

a.     A Review Completion Certificate will be issued subject to the following:

1.      determining the type of requested review;

2.     appointing a prequalified Consultant approved by the RTA in accordance with the standards and rules prescribed in this Resolution;

3.     provision by the Owner or his authorised representative of the plans, designs, and technical documents related to the Private Railway Network to be reviewed by a prequalified Consultant;

4.     submitting a technical report, prepared by an independent review Consultant prequalified by the RTA, which confirms compliance with the General Guidelines Manual; and

5.     meeting any other conditions or requirements stipulated in the General Guidelines Manual.

b.     The Agency may, for any reason it deems appropriate, exempt an entity requesting a Review Completion Certificate from compliance with certain of the requirements stipulated in paragraph (a) of this Article, provided that such exemption is reasoned.

Procedures for Issuing Review Completion Certificates

Article (12)

 When issuing a Review Completion Certificate, the following procedures will be followed:

1.      An application will be submitted to the Agency on the form prescribed by it for this purpose, supported by the required documents.

2.     The Agency will register the application, and the applicant will be notified of the receipt of his application.

3.     The Agency will consider the application from a technical perspective, and ensure that it meets all relevant conditions and requirements and that it is accompanied by all required documents. For this purpose, the Agency may conduct field visits and request any additional documents it deems necessary.

4.     The Agency will determine the application within thirty (30) days from the date of fulfilling all the requirements of the application. The application will be deemed rejected if no decision is issued by the Agency within this period. The Agency may grant the applicant a grace period not exceeding thirty (30) days to redress any deficiencies identified by the Agency before issuing its decision regarding the application.

5.     Where the application is rejected, the Agency will notify the applicant of the reasons for rejection. An applicant whose application is rejected may reapply to the Agency after the lapse of at least thirty (30) days from the date of rejection.

6.     Where the application is approved, the applicant will be instructed to pay the prescribed fees, whereupon the Agency will issue the Review Completion Certificate.

Validity of Safety Certificates

Article (15)

A Safety Certificate will remain valid unless a substantial change is made in relation thereto, in which case the Owner must apply for a new Safety Certificate. The Safety Regulatory Entity Manual will determine the cases, standards, and conditions based on which a change is deemed substantial.

Validity of Operational Safety Certificates

Article (18)

a.     An Operational Safety Certificate will be valid for a period of five (5) years. The Safety Regulatory Entity may, as prescribed in the Safety Regulatory Entity Manual, reduce this period in any of the following cases:

1.      where the Railway Systems involve the use of a new technology;

2.     where the Operator does not have sufficient experience as prescribed by the Safety Regulatory Entity; or

3.     any other cases prescribed in the Safety Regulatory Entity Manual.

b.     The Authorised Person who is issued with an Operational Safety Certificate must submit a new application for an Operational Safety Certificate where he wishes to make substantial changes to the Railway Systems or Operations. The Safety Regulatory Entity Manual will determine the cases, standards, and conditions based on which a change is deemed substantial.

Conditions for Issuing Compliance Certificates

Article (20)

A Compliance Certificate will be issued subject to the following:

1.      The Contractors and Consultants working on the project must be prequalified by the RTA to perform construction works related to the Railway Network or Pedestrian Connections.

2.     The Owner or his authorised representative must submit a technical report, as prescribed by the Agency, confirming his compliance with the requirements stated in the General Guidelines Manual or the Pedestrian Connections General Guidelines.

3.     The Owner or his authorised representative must submit the plans, designs, and other technical documents relating to the Private Railway Network or the Pedestrian Connections.

4.     All conditions, requirements, or technical specifications prescribed in the General Guidelines Manual or the Pedestrian Connections General Guidelines must be satisfied.

Substantial Changes to Railway Systems

Article (22)

Substantial changes that may be made to Railway Systems and which require the Authorised Person to apply for a new certificate will be as follows:

1.      replacement of the Operator engaged by the Owner;

2.     extending a Track or adding new stations;

3.     introducing substantial changes to the Rolling Stocks, Railway Infrastructure, or to Operations, as prescribed by the Safety Regulatory Entity Manual; and

4.     any other changes prescribed by the Safety Regulatory Entity Manual.

Manuals

Article (24)

a.     The manuals and the technical conditions, specifications, and standards contained therein will be as follows:

1.      Safety Regulatory Entity Manual which contains specifically the following:

a.     the safety regulatory strategy;

b.     the procedures and requirements for the licensing of Railways;

c.     the procedures and requirements for regulating Railways;

d.     the procedures and requirements for reporting and investigating Accidents; and

e.     the inspection rules.

2.     Railway Protection Rules Guide which contains specifically the following:

a.     a detailed list of Restricted Activities and the ancillary works related to each activity;

b.     types of Protection Zones and the sub-zones designated therein for the Public Railway Network;

c.     planning requirements for management of the risks associated with Restricted Activities in Protection Zones and the surrounding areas designated for the Public Railway Network;

d.     safety requirements;

e.     the procedures and measures that the RTA deems appropriate for the protection of the Public Railway Systems;

f.      the safety standards, requirements, and specifications required for the protection of the Infrastructure of the Public Railway Network;

g.     dimensions of the Protection Zone of the Public Railway Network;

h.     details of the Restricted Activities;

i.      the technical requirements that must be met by Authorised Persons when performing the works specified in the No-objection Certificate based on the type of work stated in the certificate;

j.      the procedures prescribed by the Agency for obtaining the relevant No-objection Certificate in respect of certain activities and works; and

k.     the activities exempted from the requirement to obtain No-Objection Certificates.

3.     General Guidelines Manual which contains specifically the following:

a.     the requirements for issuing approvals and certificates;

b.     the principles and technical requirements for designing private Railways;

c.     the risk assessment method;

d.     processes for planning and designing private Railway projects; and

e.     processes for reviewing submitted designs.

4.     Planning and Design Guidelines which contain specifically the following:

a.     the principles and technical requirements for designing public Railways;

b.     the technical requirements that must apply to all components of the project;

c.     the technical requirements for architectural works;

d.     the technical requirements for civil engineering works;

e.     the technical requirements for Railway Systems works;

f.      the technical requirements for electrical and mechanical works; and

g.     the federal, local, and international legislation, manuals, and specifications that must be observed in designing public Railways projects.

5.     Insurance Manual which contains specifically the following:

a.     the general insurance strategy adopted by the RTA and the rules for its implementation and review;

b.     risk matrix and risk controls;

c.     types of insurance required by the RTA and the coverage prescribed for each type;

d.     the procedures of the contracts and purchasing department related to following up insurance matters at the RTA;

e.     procedures for following up insurance matters at the organisational units of the RTA;

f.      settlements related to insurance contracts;

g.     standards for the assessment of insurance offers;

h.     performance evaluation process of insurance companies; and

i.      the insurance-related forms adopted by the RTA.

6.     Supplier Prequalification and Performance Evaluation Manual which contains specifically the following:

a.     general rules for the management of the suppliers' prequalification and performance evaluation processes;

b.     prequalification categories;

c.     supplier prequalification standards;

d.     effects of the prequalification process;

e.     supplier performance evaluation standards and performance rating scale;

f.      penalties prescribed for violating suppliers;

g.     indicators for measuring the impact of implementation of the manual on supplier performance; and

h.     duties of the online prequalification panel members.

7.      Pedestrian Connections General Guidelines which contain specifically the following:

a.     the requirements for issuing approvals and certificates;

b.     the principles and technical requirements for designing Pedestrian Connections with the Public Railway Network; and

c.     processes for reviewing submitted designs.

b.     Except for the Planning and Design Guidelines, the RTA will publish the manuals stated in paragraph (a) of this Article on its official website and on any other media it deems appropriate in order to enable concerned parties to access and comply with them.

Publication and Commencement

Article (2)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Mattar Al Tayer

Director General and Chairman of the Board of Executive Directors

Roads and Transport Authority

Issued in Dubai on 15 October 2024

Corresponding to 12 Rabi al-Thani 1446 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.