Administrative
Resolution No. (571) of 2022
Issuing
the Implementing Bylaw of
Executive
Council Resolution No. (47) of 2017
Regulating
the Activities of Transportation by, and Rental of,
Vehicles
in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
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;
Law No. (13) of 2011 Regulating
the Conduct of Economic Activities in the Emirate of Dubai and its amendments;
Executive Council Resolution
No. (47) of 2017 Regulating the Activities of Transportation by, and Rental of,
Vehicles in the Emirate of Dubai and its amendments; and
Administrative Resolution No.
(706) of 2019 Issuing the Implementing Bylaw of Executive Council Resolution
No. (47) of 2017 Regulating the Activities of Transportation by, and 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. |
|
Director General: |
The director general and
chairman of the Board of Executive Directors of the RTA. |
|
Agency: |
The Licensing Agency of
the RTA. |
|
CEO: |
The chief executive
officer of the Agency. |
|
Licensing Authority: |
An entity legally
authorised to license the conduct of Economic Activities in the Emirate. This
includes the Department of Economy and Tourism and the authorities
supervising Special Development Zones and free zones, such as the Dubai
International Financial Centre. |
|
Concerned Entity: |
Any Government entity
having the jurisdiction to supervise the Activity and to issue the required
permits, approvals, and no-objection certificates to conduct the Activity. |
|
Executive Council Resolution: |
Executive Council
Resolution No. (47) of 2017 Regulating the Activities of Transportation by,
and Rental of, Vehicles in the Emirate of Dubai. |
|
Activity: |
Any of the activities
which an Establishment is authorised to conduct and which are stated in
Schedule (1) attached to the Executive Council Resolution or determined
pursuant to a resolution of the Director General. |
|
Establishment: |
A company or sole
proprietorship authorised to conduct the Activity in the Emirate, including
any branches thereof. |
|
Vehicle: |
Any motorised or
electric machine, pedal cycle, motorcycle, carriage, or other machine
designed to run on roads, whether mechanically or electrically propelled or
otherwise. This includes tractors. |
|
Permit: |
A document issued by the
Agency authorising an Establishment to conduct the Activity in the Emirate. |
The issuance of a Permit will be subject to the
following:
1.
The
Permit applicant must hold a commercial licence or an initial approval issued
by the Licensing Authority.
2.
The
Permit applicant must submit a proof of the Concerned Entity’s authorisation to
him to conduct the Activity, where such authorisation is required under the
legislation enforceable by that entity.
3.
Where
required by the Agency, the Permit applicant must submit an undertaking to
provide an office space, Vehicles, and car park spaces that meet the standards and
criteria applicable to the Activity he intends to conduct, as published on the
RTA website.
4.
The
Permit applicant must, prior to conducting the Activity, meet the requirements
prescribed by the Agency for the Activity he intends to conduct, as published
on the RTA website.
In issuing a
Permit, the following procedures will apply:
1. The
Permit applicant will submit to the Agency his application, together with the
supporting documents required for issuing the Permit, through the channels and
on the forms prescribed by the Agency for the Activity he intends to conduct.
2.
The
Agency will register the Permit application and notify the applicant of the same.
3. The Agency will consider the application from a
technical perspective to verify that it meets all relevant conditions and
requirements.
5.
Where
the application is rejected, the Agency will notify the applicant of the
reasons for rejection.
6. Where the application is approved, the applicant
will be instructed to pay the relevant prescribed fees, whereupon the Agency
will issue the Permit.
a.
The renewal of
a Permit will be subject to meeting the same conditions prescribed for initial
issuance of the Permit.
b. For
renewing a Permit, the following
procedures will be followed:
1. An
application for renewal of the Permit must be submitted to the Agency, together
with the supporting documents required for its renewal, at least thirty (30)
days from the date of its expiry through the channels and on the forms prescribed
by the Agency for this purpose.
2. The
Agency will register the application and notify the applicant of the same.
3. The
Agency
will consider the application to verify that it meets all relevant conditions
and requirements. This includes verifying the settlement by the Establishment
of all financial liabilities owed by it to the RTA, if any.
4. Where
the renewal application meets the relevant requirements and is accompanied by the
required documents, the Agency will determine it within fifteen (15) working
days from the date of its submission.
5. Where the
application is rejected, the Agency will notify the applicant of the reasons
for rejection.
6. Where the
application for renewal of the Permit is approved, the applicant will be
instructed to pay the relevant prescribed fees, whereupon the Agency will renew
the Permit.
A Permit will be valid for a period of one (1)
year, renewable for the same period. The Agency may, upon an application
submitted to the Agency by the Establishment through the channels and on the
forms prescribed by the Agency for this purpose, extend the validity of the
Permit for up to three (3) years subject to the approval of the Licensing
Authority and the Concerned Entity and payment of the fees prescribed for the
whole period.
The Agency may, upon an application submitted to it
by the Establishment through the channels and on the forms prescribed by the
Agency for this purpose, vary any of the details of the Permit issued to the
Establishment subject to meeting the conditions and requirements prescribed for
issuing the Permit, fulfilling the obligations prescribed by the Executive
Council Resolution and this Resolution, and paying the fees prescribed for
varying these details.
a.
The Agency may, upon the request of an
Establishment, approve suspension by the Establishment of its Activity subject
to the following:
1. The period of suspension of the Activity must not
exceed one (1) year per request.
2. The approval of the Licensing Authority and the
Concerned Entity to suspending the Activity must be obtained.
3. All financial liabilities owed by the
Establishment to the RTA, if any, must be settled.
4. The Establishment must have justifications for
suspending its Activity.
b.
In issuing the Agency’s approval to the suspension by the
Establishment of its Activity, the following procedures will be followed:
1. The Establishment will submit to the Agency an
application for suspending the Activity, together with the supporting documents
required for approving the application, through the channels and on the forms prescribed
by the Agency for this purpose.
2. The Agency will consider the application for
suspending the Activity to verify that it meets all the relevant conditions.
3. Where the application for suspending the Activity
is rejected, the Agency will notify the Establishment of the reasons for
rejection.
4. Where the application for suspending the Activity
is approved, the Establishment will be instructed to pay the relevant
prescribed fees, whereupon the Agency will issue the approval.
Upon the expiry of the Activity suspension period,
an Establishment must either:
1.
submit
to the Agency, through the channels and on the forms prescribed by it for this
purpose, an application to resume the Activity supported by the required
information and documents. The Establishment may not resume its Activity before
the issuance of the Agency's approval to resume that Activity, settlement of
the financial liabilities owed to the RTA, if any, and payment of the relevant
prescribed fee;
2.
submit
an application to extend the Activity suspension period. Such application will
be considered in accordance with the requirements and procedures stipulated in
Article (7) of this Resolution; or
a.
In addition to the obligations stipulated in the Executive
Council Resolution and depending on the type of its authorised Activity, an
Establishment must:
1. abide by the time and place restrictions on
conducting the Activity as prescribed by the RTA or the Competent Entity in
this respect;
2. comply with the technical inspection requirements
and criteria prescribed by the Agency;
3. not allow any person, other than the Establishment's
employees, on board any Vehicle designated for conducting the Activity;
4. not rent out the Vehicles designated for
conducting the authorised Activity to others;
5. install any tracking, speed monitoring, or other
systems prescribed by the RTA or the Competent Entity;
6. use Vehicles for the authorised purposes only;
7. meet the security and safety requirements prescribed
by the Competent Entity;
8. provide Vehicles which meet the requirements prescribed
by the Agency or the Competent Entity, including the year-of-manufacture and
other specifications;
9. provide an escort Vehicle or emergency Vehicle to
travel behind any Vehicle used in conducting the Activity requiring this type
of Vehicles, as prescribed by the Agency in this respect;
10. meet any special requirements prescribed by the
Agency; and
11. not vary any of the details of its Permit without
first obtaining the relevant approval of the Agency, the Licensing Authority,
and the Concerned Entity, where the variation requires that approval; and
payment of the relevant prescribed fees.
b.
Notwithstanding the provisions of paragraph (a) of
this Article, the Agency may, where the ownership of an Establishment is
transferred in full to a new owner, grant the Establishment a grace period of
one (1) year to meet the obligations prescribed by paragraph (a) of this
Article. During that period, the Establishment may renew its commercial licence
if it expires.
The RTA will prescribe the technical requirements,
including all the conditions, rules, specifications, and forms that
Establishments must comply with prior to conducting the Activity; and will
publish the same on the RTA website. These requirements will be binding on
those to whom they are applicable only after thirty (30) days from the date of their
publication on the RTA website unless the RTA prescribes a different time
frame.
The CEO will issue
the instructions required for the implementation of this Resolution.
a.
The above-mentioned
Administrative Resolution No. (706) of 2019 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.
b. The
instructions and bylaws issued in implementation of the above-mentioned
Administrative Resolution No. (706) of 2019 will continue in force to the
extent that they do not contradict this Resolution, until new superseding
instructions and bylaws are issued.
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 22 September 2022
Corresponding to 26 Safar 1444 A.H.
©2022 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.