Administrative Resolution No. (2) of 2021
Regulating
Navigation in the Dubai Water Canal in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
The Executive Director of the Dubai Maritime City Authority
After perusal of:
Law No. (17) of 2005 Establishing the Roads and Transport Authority and its
amendments;
Law No. (11)
of 2007 Establishing the Dubai Maritime City;
Law No. (11)
of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai;
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
Administrative
Resolution No. (4) of 2017 Regulating Navigation in the Dubai Water Canal,
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. |
|
DMCA: |
The Dubai Maritime City Authority. |
|
RTA: |
The Roads and Transport Authority. |
|
Competent Entity: |
This includes the RTA, the Dubai
Municipality, the Dubai Police, and any other entity authorised under the
legislation in force to implement any of the provisions of
this Resolution. |
|
Vessel: |
Any vessel of any type or structure
whatsoever operated on the Waters of the Emirate to transport Passengers or
Goods for personal, commercial, sports, or tourism purposes. |
|
Licence: |
A document issued by the DMCA pursuant
to the provisions of the above-mentioned Law No. (11) of 2010, its
Implementing Bylaw, and this Resolution, which authorises a Vessel to
navigate in the Waters of the Emirate. |
|
Permit: |
A document issued by the DMCA to a
Master, a Seaman, a Pilot, or
any of the staff working on board a Vessel or persons engaged
in maritime activities, which authorises its holder to navigate, work on
board, or pilot the Vessel, or provide Vessel navigation training, in accordance
with the requirements and rules stipulated in the above-mentioned Law No.
(11) of 2010, its Implementing Bylaw, and this Resolution. |
|
Authorisation: |
A document issued by the DMCA, which
authorises a Vessel to use, and pass through, the Dubai Water Canal for a
certain period of time. |
|
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 and all
ports, marinas, canals, and waterways. |
|
Dubai Water Canal: |
The Dubai Water Canal, as part of the
Waters of the Emirate, extending from Business Bay in Al Jaddaf area to the
Waterfront on Jumeirah Beach. The Dubai Water Canal boundaries and area are
illustrated on the map attached to this Resolution. |
|
Operations Centre: |
The room for controlling the navigation of
Vessels in the Dubai Water Canal. |
|
Operations Director: |
A person who is appointed by the
RTA and is responsible for directing maritime navigation in the Dubai Water
Canal. |
|
Control Officer: |
A person appointed by the DMCA and
assigned to work at the Operations Centre. |
|
Vessel Length: |
The length overall of a Vessel, which
is the distance in a straight line between the foremost point of the bow and
the aftermost point of the stern. |
|
Vessel’s Draught: |
The depth of the Vessel’s part that is
submerged in the water. |
|
Vessel’s Air Draught: |
The height of the Vessel's hull above
the water surface, measured to the uppermost point of its highest mast. |
For purposes of this Resolution, the DMCA
will have the duties and powers to:
1.
regulate maritime navigation in the Dubai Water Canal in accordance with the
highest international standards and best international practices adopted in
this respect;
2.
monitor all Vessels navigating in the Dubai Water Canal and provide them with the necessary
information for safe navigation, in coordination with the Competent Entities;
3.
create a database of all information relating to regulating
navigation in the Dubai Water Canal, including the number of Vessels
navigating in it;
4.
verify Vessel Length, Vessel Draught, and Vessel Air Draught measurements
to ensure that
they do not exceed the maximum limits allowed for passing through the Dubai
Water Canal;
5.
verify that Vessels meet the requirements for safe maritime
navigation in the Dubai Water Canal; the
environmental requirements; and the security and safety requirements,
as adopted by
the Competent Entities;
6.
manage, in coordination with the Competent Entities, the risks and
emergencies that may occur at the Dubai Water Canal;
7.
monitor the waterfront projects on the banks of the Dubai Water
Canal to ensure the safety of maritime navigation in it;
8.
monitor all activities and events that may affect navigation
traffic within the Dubai Water Canal; and
9.
issue warning bulletins when there is anything that may affect
maritime navigation safety in the Dubai Water Canal.
a.
The following Vessels are not required to obtain an Authorisation
prior to using or passing through the Dubai Water Canal, provided
that they meet the measurement specifications
stipulated in Article (4) of this Resolution:
1.
pleasure Vessels designated for personal use;
2.
Tourist Vessels;
3.
Group Maritime Transport Vessels; and
4.
Vessels owned by Government Entities and used for official
purposes.
b.
Commercial Vessels and fishing boats may not use or pass through
the Dubai Water Canal irrespective of their Vessel Length, purpose of use, or transit
time.
c.
Vessels used for water sports may not pass through the Dubai Water
Canal except for rowing boats and sailboats, which may pass through the Dubai Water Canal
only during daylight hours.
d.
Notwithstanding the provisions of paragraphs (b) and (c) of this
Article, the following Vessels may pass through the Dubai Water Canal subject
to obtaining a prior Authorisation:
1.
Vessels participating in sports events and festivities organised by
the concerned entities in the Emirate;
2.
sports Vessels used for rental, such as Personal Watercraft and
similar Vessels, when navigating in groups, provided that they are accompanied
by an instructor;
3.
Vessels that need maintenance, provided that they navigate in
the Dubai
Water Canal from or to Al Jaddaf area; and
4.
Vessels that are in danger or emergency situations, until they are
no longer in danger.
a.
A Vessel that uses or passes through the Dubai Water Canal must
meet the following specifications:
1. The Vessel Length
may not exceed thirty-five metres (35 m).
2. The Vessel Draught
may not exceed two and a half metres (2.5 m).
3. The Vessel Air
Draught may not exceed seven metres (7 m).
b.
The DMCA may, in coordination with the Competent Entity,
periodically review and amend the specifications prescribed by paragraph (a) of
this Article to achieve safe navigation in the Dubai Water
Canal.
An Owner or Operator of a Vessel that
uses, or passes through, the Dubai Water Canal must:
1.
request passage permission from the Operations Centre by
a radio communication
device or mobile telephone;
2.
comply with the instructions, circulars, and navigational warnings
issued by the DMCA and the Operations Centre;
3.
ensure that the Vessel is issued a Licence and that the Vessel’s
crew members are issued Permits by the DMCA;
4.
ensure that the Vessel is fitted with navigational security and
safety equipment, and that this equipment is in good working condition;
5.
navigate on the right-hand side of the Dubai
Water Canal to the extent practicable; not overtake another Vessel
unless it is safe to do so; and follow the rules of maritime navigation
traffic;
6.
not exceed the speed limits prescribed by the DMCA for navigation
in the Dubai Water Canal, as indicated on the navigation marks and information
signs installed across the Dubai Water Canal;
7.
use navigational lights at night, and in times of reduced
visibility; and use the sound navigation signals where necessary;
8.
anchor at the Dubai Water Canal only in emergency situations, in
which cases the Operations Centre must be immediately notified of
the same;
9.
not use the Vessel for water sports or allow its Passengers to swim
in, or dive into, the Dubai Water Canal;
10.
not overload the Vessel with Passengers beyond the maximum number
specified in the Licence, and not allow the Passengers to lean out of the
Vessel;
11.
not refuel the Vessel in the Dubai Water Canal using portable fuel
containers, unless in emergencies;
12.
not dispose of waste; discharge oils or contaminated water; or
discharge sewage water into the Dubai Water Canal;
13.
not navigate in the private or prohibited areas specified by the
DMCA or the Competent Entities;
14.
not navigate in the Dubai Water Canal unless the Vessel’s crew
is complete in accordance with the relevant standards prescribed by the DMCA;
and
15.
not stop at the RTA marine stations without first obtaining the
relevant approval of the RTA.
An Operations
Manager must:
1.
be a holder of a certificate in maritime navigation, and have work experience
in managing and directing maritime traffic;
2.
have a thorough understanding of the legislation relating to the
maritime sector, and
is capable of
coordinating with the Competent Entities; and
3.
have adequate experience in emergency, crisis, and disaster
management; and in taking the measures required for safe maritime navigation.
An Operations Manager must:
1.
supervise the work of Control
Officers in the Operations Centre and provide all the operational needs
required for their work;
2.
identify any risks that may compromise maritime navigation,
and find appropriate practical solutions to them;
3.
organise the records of the Vessels authorised to use, and pass
through, the Dubai Water Canal; and submit the same to the Competent Entities
upon request;
4.
prepare the required reports on Vessel navigational movement within
the Dubai Water Canal, and periodically submit the same to the DMCA;
5.
notify the DMCA of any marine accident immediately upon its
occurrence,
and take the necessary measures to prevent the disruption of, or obstruction
to, maritime navigation; and
6.
coordinate with the Competent Entities in the event of any marine
accident, and request the necessary assistance.
A Control Officer must:
1.
be a holder of a maritime navigation certificate recognised in the
UAE at second mate level; or a maritime communications certificate with work
experience of no less than two (2) years on board Vessels or in any
other relevant field;
2.
be articulate, have discourse and communication
skills, and have knowledge of more
than one language besides English; and
3.
be medically fit; and not use any drugs or medications that may
cloud his judgement or undermine his ability to work.
A Control
Officer must:
1.
use communication devices only for official work, and listen to
radio calls round-the-clock;
2.
notify the Operations Manager immediately upon the
occurrence of
any accident or emergency that may disrupt the flow of maritime navigation
traffic in the Dubai Water Canal;
3.
follow the work policies and procedures approved by
the DMCA in respect of all matters related to the Operations Centre work;
4.
communicate in a professional manner with all the
stakeholders
of the Dubai Water Canal;
5.
maintain the equipment and devices existing at the Operations
Centre in a good condition and immediately report any malfunction
therein; and
6.
alert Vessels, by all means available to him, in case of bad weather
conditions or when maritime navigation traffic is disrupted.
Any person who violates the provisions of
this Resolution will be punished by the penalties and fines stipulated in the
above-mentioned Executive Council Resolution No. (11) of 2013.
The above-mentioned Administrative
Resolution No. (4) 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.
Saeed bin Ahmed bin Khalifa Al Maktoum
Executive Director
Dubai Maritime City Authority
Issued in Dubai on 12
January 2021
Corresponding to
28 Jumada al-Ula 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.