Administrative
Resolution No. (1004) of 2018
Issuing
the Implementing Bylaw of
Executive
Council Resolution No. (49) of 2016
Regulating
the Activity of Hourly Rental of Vehicles in the Emirate of Dubai[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. (17) of 2005 Establishing the Roads and
Transport Authority and its amendments;
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. (49) of 2016
Regulating the Activity of Hourly Rental of Vehicles in the Emirate of Dubai
and its amendments; and
Administrative Resolution No. (107) of 2017 Issuing
the Implementing Bylaw of Executive Council Resolution No. (49) of 2016
Regulating the Activity of Hourly Rental of Vehicles in the Emirate of Dubai,
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:
|
Emirate: |
The Emirate of Dubai. |
|
RTA: |
The Roads and Transport
Authority. |
|
PTA: |
The Public Transport
Agency of the RTA. |
|
Resolution: |
Executive Council
Resolution No. (49) of 2016 Regulating the Activity of Hourly Rental of
Vehicles in the Emirate of Dubai and its amendments. |
|
User: |
A natural person who
rents a Vehicle to drive it from one place to another within the Emirate, and
who holds a light Vehicle driving licence recognised by the RTA. |
|
Activity: |
Renting out Vehicles for
a period not exceeding the daily number of hours determined by the RTA, to
travel within the Emirate for a prescribed rate. |
|
Establishment: |
A company or corporation
authorised to conduct the Activity in the Emirate. |
|
Vehicle: |
A light vehicle that
meets the requirements prescribed by
this Resolution. |
|
Permit: |
A document issued by the PTA authorising an
Establishment to conduct the Activity in accordance with the conditions and
procedures adopted by the RTA in this regard. |
|
Vehicle Operation Authorisation: |
A document issued by the PTA authorising an
Establishment to operate a Vehicle. |
For the purpose of
implementing the Resolution, the PTA will have the duties and powers to:
1. issue Permits to
new Establishments;
2. renew Permits for
existing Establishments;
3. vary the details
of a Permit;
4. cancel a Permit
upon the request of an Establishment;
5. issue or cancel a
Vehicle Operation Authorisation;
6. issue a
replacement for a lost Permit;
7. follow up
compliance by Establishments with the operational performance indicators
stipulated in their contracts;
8. conduct periodic audit
to verify compliance by Establishments with the Resolution and the resolutions
issued in pursuance thereof, including this Resolution, and with the
contracts concluded with them; and inspect Vehicles to verify their safety and
roadworthiness; and
9. issue no-objection
certificates addressed to competent entities within the RTA, and
other competent entities, in respect of the Activity, Establishments, or
Vehicles.
a. A User will
register in the electronic system or smart application of an Establishment and provide the required information and documents, including the
User’s name, telephone number, email address, credit card number, passport-size
photo, copy of driving licence, and copy of Emirates
ID Card (for UAE residents) or copy of passport and entry visa (for
UAE visitors); and any other information or documents required by the
Establishment.
b. Upon verification
of all information and validation of all documents referred
to in paragraph (a) of this Article, the Establishment will provide the User
with a password and a personal identification number (PIN).
In addition to the
obligations prescribed by the Resolution, an Establishment must:
1. not lend any of
its Vehicles to any other Establishment;
2. provide a minimum
of fifty (50) Vehicles as a prerequisite for conducting
the Activity. Number plates will be assigned to these Vehicles based on the relevant Franchise Agreement
concluded with the RTA;
3. not operate any
Vehicles in excess of the minimum number referred to in sub-paragraph
(2) of this Article without first obtaining the approval of the PTA and participating
in the RTA public auction for the number plates of the Vehicles approved for conducting the Activity in the Emirate based on the
relevant studies conducted by the PTA;
4. replace any Vehicle when it completes four (4) years in service;
5. not make any
substantial modifications to the body, engine, or main component parts of any
of its Vehicles;
6. provide a twenty-four hour
call centre to provide support to its Users and customers and answer their
queries;
7. not rent out a
Vehicle with a driver;
8. comply with the
dates of periodic maintenance of Vehicles, as prescribed by the manufacturer or
authorised agents;
9. specify the rights
and obligations of each User and inform him thereof in accordance with the
relevant template adopted by it;
10. ensure that
Vehicles meet the relevant technical requirements at all times;
11. provide
appropriate offices that meet the requirements prescribed by the RTA for
conducting the Activity, and notify the RTA of any relocation of these offices
and of their new addresses;
12. allocate car
parking spaces for the Vehicles used in conducting the Activity as prescribed
by the RTA in this respect, ensure that no damage is caused to public car
parks, and pay the fees for using public car parks as prescribed by the
legislation in force in the Emirate;
13. comply with the
Vehicle requirements prescribed by Article (9) of this Resolution; and
14. comply with the
resolutions issued by the RTA in relation to the implementation of the
Resolution and the resolutions issued in pursuance thereof, including this
Resolution.
a. No Establishment
may cease the Activity without notifying the PTA at least three
(3) months prior to the date of cessation and obtaining the PTA's
approval of the same.
b. No Establishment may make any changes or modifications to the areas or parking spaces designated for conducting the Activity without notifying the PTA of the same at least three (3) months prior to the date of change or modification and obtaining the PTA's approval of the same.
a. The issuance of a
Permit will be subject to the following requirements:
1. The necessary
approvals must be obtained from the concerned entities in the Emirate.
2. The commercial
licence of the Establishment must be limited to the Activity, to the exclusion
of all other activities.
3. The Establishment
must have a single traffic file.
b. The Establishment
must obtain the written approval of the PTA and satisfy the
conditions prescribed in paragraph (a) of this Article when establishing any
branches within the Emirate.
When issuing a Permit, the
following procedures will be followed:
1. A Permit
application will be submitted to the PTA on the form it prescribes for this
purpose, supported by the following documents:
a. the initial approval of the Department of Economic
Development in Dubai, which must include a reserved trade name;
b. a copy of the valid passport of the applicant;
c. a copy of the valid UAE residence permits of non-UAE
national partners in the Establishment;
d. a copy of the valid Emirates ID Card of the owner;
e. for non-UAE nationals, a no-objection letter from the
sponsor;
f. economic feasibility study on conducting the Activity; and
g. proof of payment of the relevant prescribed fees.
2. The PTA will issue
the Permit upon verifying that the Permit applicant has satisfied the
conditions and complied with the procedures prescribed by this Resolution, and
validating all the documents referred to in paragraph (1) of this Article.
A Permit will be valid for
a period of one (1) year, renewable for the same period subject to the same
conditions and procedures prescribed for its initial issuance. The application
for renewal must be submitted within thirty (30) days from the date of expiry
of the Permit.
A Vehicle Operation
Authorisation will be issued subject to the following requirements:
1. The year of manufacture
of the Vehicle must not be more than one (1) year back from the year in which
the Vehicle Operation Authorisation application is submitted.
2. The Vehicle must
not have been previously operated or used for conducting any other activity.
3. The seating
capacity of the Vehicle must not exceed five (5) passengers, including the
driver.
4. The Vehicle must be
fitted with the safety equipment prescribed by the PTA.
5. Periodic technical
inspection of the Vehicle must be conducted to verify its roadworthiness.
6. The Vehicle must
meet the GCC specifications.
7. The Vehicle must
be in any of the colours prescribed by the RTA.
8. The side windows,
windscreen, and rear window of the Vehicle must not be tinted.
The PTA may, on its own initiative
or upon an Establishment’s application, cancel or replace a Vehicle Operation
Authorisation in any of the following cases:
1. where the Vehicle
has a major breakdown or has been involved in an accident rendering it a risk
to the life of its User or others;
2. where the Vehicle
completes four (4) years in service, or where it is decommissioned; or
3. where the Vehicle
has been under maintenance for a period exceeding three (3) months.
The
PTA may authorise an Establishment to register additional vehicles in the
Establishment’s traffic file, to be used for purposes other than conducting the
Activity, subject to the following:
1. The vehicles may
not be of the same specifications and colours of the Vehicles designated for
conducting the Activity.
2. The number of additional vehicles to be registered for use in recovery and towing of
the Establishment’s broken-down Vehicles may not
exceed two (2).
3. The number of
additional vehicles to be registered may not exceed three (3) maintenance and
administrative services vehicles per each one hundred (100) Vehicles designated
for conducting the Activity.
The
Chief Executive Officer of the PTA will issue the instructions required for the
implementation of the provisions of this Resolution.
The
above-mentioned Administrative Resolution No. (107) of 2017 is hereby repealed.
Any provision in any other administrative resolution will also be 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.
Mattar Al Tayer
Director General and Chairman of the Board of Executive
Directors
Issued in Dubai on 30 December 2018
Corresponding to 23 Rabi al-Thani 1440 A.H.
©2019 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.