Executive Council Resolution No. (2) of 2022

Amending Executive Council Resolution No. (47) of 2017

Regulating the Activities of Transportation by, and

Rental of, Vehicles in the Emirate of Dubai^{^[1]}

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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

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

Law No. (12) of 2016 Regulating the Security Industry in the Emirate of Dubai and its amendments;

Decree No. (22) of 2005 Concerning Use of the Electronic Information System of Car Rental Agencies; and

Executive Council Resolution No. (47) of 2017 Regulating the Activities of Transportation by, and Rental of, Vehicles in the Emirate of Dubai (the “Original Resolution”),

Do hereby issue this Resolution.

Superseded Articles

Article (1)

Articles (1), (3), (5), (8) and (10) of the Original Resolution are hereby superseded by the following: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 Licensing Agency of the RTA.
Activity:	Any of the activities which an Establishment is authorised to conduct and which are stated in Schedule (1) attached hereto or determined pursuant to a resolution of the Director General.
Establishment:	A company or sole proprietorship authorised to conduct the Activity in the Emirate. This includes its branches.
System:	The Electronic Information System of Car Rental Agencies regulated by the above-mentioned Decree No. (22) of 2005 or any other superseding legislation.
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.
Logistic Services:	The services related to the management, planning, and control of the flow of goods and services from points of origin to points of consumption. These include land freight, distribution, delivery, and transshipment.
Permit:	A document issued by the Agency authorising an Establishment to conduct the Activity in the Emirate.

Conducting the Activity

Article (3)

a. No individual or entity may conduct the Activity in the Emirate without first obtaining a Permit. This does not apply to Government Entities.

b. A Permit will be valid for a period of one (1) year, renewable for the same period. A renewal application must be submitted at least thirty (30) days prior to the date of its expiry.

c. The Agency may, in accordance with the relevant conditions and procedures it adopts, extend the validity of a Permit for a period not exceeding three (3) years.

d. The implementing bylaw of this Resolution will determine the conditions, procedures, and requirements that must be met, and the documents that must be provided, for a Permit to be issued and renewed.

Obligations of Establishments

Article (5)

An Establishment must:

1. comply with the bylaws, resolutions, and instructions issued by the RTA in respect of conducting the Activity;

2. provide office space, Vehicles, and car parks that are appropriate for the authorised Activity, and that are in conformity with the rules and standards adopted by the Agency in this respect;

3. conduct the Activity stated in its Permit;

4. inscribe, clearly and legibly on the body of each Vehicle, the name of the Establishment and the kerb and gross weight of the Vehicle, as prescribed by the Agency in this respect;

5. not stick or hang any advertising material on the body of a Vehicle without first obtaining the relevant approval of the RTA;

6. not assign the Permit to others or dispose of it, in any manner whatsoever, without first obtaining the relevant approval of the Agency;

7. obtain the licences and authorisations required under the legislation in force in the Emirate;

8. have the Vehicles used in conducting the Activity inspected, when issuing or renewing their licences, at the service centres determined by the Agency for this purpose;

9. not cease the Activity without first obtaining the approval of the Agency. This approval will be issued in accordance with the conditions and procedures adopted by the Agency in this respect;

10. use, in conducting the Activity, the car parks and places designated by the RTA and the competent entities in the Emirate;

11. cooperate with RTA employees and authorised representatives; and provide the Agency with the information, data, and documents it requires;

12. meet the Vehicle technical requirements prescribed by the Agency and the competent Government Entities, depending on the authorised Activity;

13. maintain, for the periods prescribed by the Agency in this respect, records containing all the data related to conducting the Activity;

14. install, in accordance with the rules adopted by the Agency in this respect, the Vehicle tracking system approved by the Security Industry Regulatory Agency;

15. subscribe to, and register on, the systems and platforms adopted by the RTA, including the System;

16. comply with the agreements concluded with the RTA; and

17. comply with any other obligations prescribed by the implementing bylaw of this Resolution.

Violations and Administrative Penalties

Article (8)

a. Without prejudice to any stricter penalty stipulated in any other resolution, a Person who violates any of the provisions of this Resolution, its implementing bylaw, or the resolutions issued in pursuance thereof will be punished by the fines indicated in Schedule (3) attached hereto. Upon repetition of the same violation within one (1) year from the date of the previous violation, the amount of the fine will be doubled. A fine must not exceed ten thousand dirhams (AED 10,000.00).

b. In addition to the penalty of a fine referred to in paragraph (a) of this Article, the RTA may take one or more of the following measures and actions against a violator:

1. serving a written warning;

2. suspending the Activity for a period not exceeding six (6) months; and/ or

3. revocation of the Permit.

Grievances

Article (10)

Any affected party may submit a written grievance to the Director General against the decisions, procedures, and measures taken against him in accordance with the provisions of this Resolution and its implementing bylaw, within thirty (30) days from the date 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 issued by the committee on the grievance will be final.

Supersession of Schedules

Article (2)

Schedules (1), (2), and (3) attached to the Original Resolution are hereby superseded by the schedules attached hereto.

Publication and Commencement

Article (3)

This Resolution will be published in the Official Gazette and will come into force ninety (90) days after the date of its publication.

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

Issued in Dubai on 4 January 2022

Corresponding to 1 Jumada al-Thaniyah 1443 A.H.

Schedule (1)

Authorised Activities and Services Related to

Transportation by, and Rental of, Vehicles

SN	I. Transportation Activities
1	Transport of Vehicles
2	Towing and transport of Vehicles
3	Towing and transport of Motorcycles
4	Land Transport and land towing of boats and personal watercraft
5	Transport of new and used furniture
6	Land Transport of raw materials
7	Transport of goods by heavy Trucks
8	Transport of goods by light Trucks
9	Transport by special-purpose Vehicles
10	Collecting, removing, and transporting garbage by Vehicles
11	Transport of animal fodder and feed
12	Providing sewerage and dewatering services by Vehicles
13	Transport by refrigerated Vehicles
14	Construction and demolition Waste collection and transportation services
15	Hazardous Waste collection and transportation services
16	Transport of potable water
17	Transport of animals
18	Transport of petroleum products and by-products
19	Transport of hazardous materials
20	Transport of radioactive materials
21	Transport of explosives
22	Transport and distribution of diesel fuel
23	Transport of biological materials
24	Transport of lubricant and petrol waste
25	Transport of chemicals and chemical waste
26	Fuel delivery and Vehicle refuelling services
27	Transport of documentation
28	Transport of packages
29	Transport of postal mail
30	Transport of money, jewellery, and precious items
II. Transport Services Management Activities
31	Logistic Services
32	Domestic gas distribution
33	Distribution of Vehicle fuel
34	Coordinating and providing delivery services
35	Sale of goods using Vehicles
36	Fleet management
37	Transport of the sick and elderly in non-emergency cases
38	On-road heavy lift solution services
39	Mobile Vehicle maintenance services
40	Providing services using Vehicles
III. Rental Services
41	Renting out buses
42	Renting out cars
43	Renting out Motorcycles
44	Renting out Pedal Cycles
45	Renting out electric bikes
46	Renting out electric scooters
47	Renting out special-purpose Vehicles
48	Renting out recreational Motorcycles
49	Renting out race cars
50.00	Renting out caravans
51	Renting out general-purpose Trucks
52	Renting out Vehicle transporters
53	Renting out Vehicles designed for collecting, removing, and transporting garbage
54	Renting out liquefied gas tankers
55	Renting out refrigerated Vehicles
56	Renting out driving test Vehicles
57	Renting out sewage water tankers and vacuum tankers
58	Renting out wheeled motorised lifting, loading, building, and construction equipment
59	Renting out recreational Vehicles
IV. Other Support Services
60	Vehicle registration services
61	Training services and activities related to transport
62	Using electronic platforms, smart applications, or any other means for renting out Vehicles
63	Managing transport and delivery requests using electronic platforms and smart applications
64	On-demand Passenger transport requested through telephone calls, electronic platforms, and smart applications
65	Organising Vehicle auctions
66	Organising Vehicle auctions through electronic platforms, smart applications, and other means

Schedule (2)

Fees for Permits and Authorisations

Issued, and Services Provided, by the Agency

SN	Description	Fee (in dirhams)
1	Issuing or renewing a Permit for an Establishment	1,000.00
2	Issuing or renewing a Permit for an Establishment to conduct the fleet management Activity	5,000.00
3	Issuing or renewing a Permit for an Establishment to open a counter	300.00
4	Revoking an Establishment's counter Permit	100.00
5	Cancelling an Activity	100.00
6	Revoking an Establishment’s Permit or a Vehicle licence	100.00
7	Approving a business relocation	100.00
8	Approving training on the System	100.00
9	Issuing a letter to the notary public approving the memorandum of association of an Establishment	100.00
10	Issuing a ‘To Whom It May Concern’ certificate	50.00
11	Issuing a list of Establishments operating in the Emirate	50.00
12	Varying the details of a Permit	500.00
13	Approving a contract to conduct the fleet management Activity	200.00
14	Application for suspension of the Activity	100.00
15	Application for resumption of a suspended Activity	100.00

Schedule (3)

Violations and Fines

SN	Violation	Fine (in dirhams)
1	Conducting the transport Activity or renting out Trucks, tankers, or heavy machinery without a Permit	10,000.00
2	Conducting the transport Activity or renting out buses and towing Vehicles without a Permit	8,000.00
3	Conducting the transport or rental Activity without a Permit	5,000.00
4	Conducting the Activity of transport or renting out of bikes without a Permit	3,000.00
5	Conducting the Activity after expiry of the Permit	AED 1,000.00 per month of delay
6	Sticking or hanging any advertising material on the body of a Vehicle without first obtaining the relevant approval from the RTA	5,000.00
7	Failure by a Vehicle to meet the technical requirements	3,000.00
8	Using a Vehicle for other than the authorised purposes	4,000.00
9	Obstructing the work of RTA employees or inspectors	500.00
10	Failure to inscribe clearly and legibly the name of the Establishment and the kerb and gross weight of the Vehicle on the body of the Vehicle	500.00
11	Ceasing the Activity, assigning a Permit, making any modifications to a Permit, or disposing of a Permit in any manner whatsoever, without first obtaining the relevant approval of the Agency	AED 500.00 per month, up to AED 5,000.00
12	Failure to maintain the records containing all the data related to conducting the Activity by an Establishment for the period prescribed by the Agency	500.00
13	Failure to provide the Agency with the information, documents, data, or statistics that the Agency requires and deems necessary to access	500.00
14	Parking or using Vehicles in unauthorised areas	200.00
15	Violating any bylaws, resolutions, or instructions issued by the RTA in respect of conducting the Activity	2,000.00
16	Failure to comply with the terms of conducting the Activity stated in the Permit, or conducting any activity other than that stated in the Permit	3,000.00
17	Failure to install the Vehicle tracking system approved by the Security Industry Regulatory Agency, in accordance with the rules adopted by the Agency in this respect	4,000.00
18	Failure to have the Vehicles inspected, when issuing or renewing their licences, at the service centres determined by the Agency for this purpose	3,000.00
19	Managing fleets of Vehicles without a Permit	10,000
20	Opening a counter for the Establishment without a Permit or with an expired Permit	700.00

[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.