Executive
Council Resolution No. (38) of 2018
Regulating
the
Activity
of Driving Instruction 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:
Federal
Law No. (21) of 1995 Concerning Road Traffic, its Implementing Bylaw, and their
amendments;
Cabinet
Resolution No. (30) of 2017 Regulating Road Traffic Services and Road Safety;
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (9) of 2004 Concerning the Dubai International Financial Centre and its
amendments;
Law
No. (17) of 2005 Establishing the Roads and Transport Authority and its
amendments;
Law
No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate
of Dubai and its amendments;
Law
No. (13) of 2011 Regulating the Conduct of Economic Activities in the Emirate
of Dubai and its amendments;
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai;
Decree
No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Ministerial
Resolution No. (178) of 2017 Concerning Road Traffic Control Rules and
Procedures;
Executive
Council Resolution No. (8) of 2008 Establishing the Licensing Agency of the
Roads and Transport Authority;
Regulation
No. (6) of 2009 Concerning the Licensing of Driving Schools in the Emirate of
Dubai and its amendments;
Executive
Council Resolution No. (57) of 2017 Regulating the Issuance of Drivers’
Licences and Permits in the Emirate of Dubai;
Administrative
Resolution No. (428) of 2009 Issuing the Implementing Bylaw of Regulation No.
(6) of 2009 Concerning the Licensing of Driving Schools in the Emirate of Dubai
and its amendments; and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do
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. |
|
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. |
|
Traffic System: |
|
The smart electronic system through which drivers’
training and licensing applications, Vehicle licensing applications, and
transport business activities licensing applications are processed. |
|
Vehicle: |
|
Any motorised machine, pedal cycle, Motorcycle,
carriage, or other machine designed to run on roads, whether mechanically
propelled or otherwise. This includes tractors. |
|
Training Vehicle: |
|
A Vehicle with certain specifications designed for
training drivers in order to enable them to obtain drivers' licences or drivers'
permits. |
|
Activity: |
|
The provision of theoretical and practical
instruction for general Vehicle driving, for Occupational Driving,
for Advanced Driving, or for Desert Driving. |
|
Establishment: |
|
A company or corporation
authorised by the Agency to
conduct the Activity. |
|
Branch: |
|
A centre affiliated to an Establishment where the
Activity is conducted. |
|
Registration Office: |
|
An office affiliated to an Establishment where
Learners are registered. |
|
Trainer: |
|
A natural person who works for an Establishment and is
authorised by the Agency to conduct any of the authorised activities of that
Establishment. |
|
Instructor: |
|
A natural person who works for an Establishment and is
authorised by the Agency to deliver theory lessons on road traffic legislation
to Learners in the languages determined by the RTA. |
|
Learner: |
|
A natural person who is authorised by the Agency to
learn how to drive a Vehicle in order to obtain a driver’s licence, an
Occupational Driving permit, a Desert Driving permit, or an Advanced Driving permit in
accordance with the above-mentioned Executive Council Resolution No. (57) of
2017. |
|
Permit: |
|
A document issued by the Agency authorising the
conduct of any of the Activities, or licensing any of the categories or
sites, determined in Article (6) of this Resolution. |
|
Temporary Driving Instruction Site: |
|
A temporary site wherein the Agency authorises the conduct of the Activity. |
|
Identification Card: |
|
A card issued by the Agency containing the identification details of a Trainer or an Instructor. |
|
Desert Driving: |
|
The training of a person who holds a driver’s
licence to develop the skills required for him to drive off-road and on sand
dunes. |
|
Occupational Driving: |
|
The training of a person who holds a driver’s
licence to develop the skills required for him to drive occupational Vehicles
such as taxicabs, heavy and light passenger buses, heavy cargo transport
Vehicles, construction Vehicles used on construction sites, and trailers. |
|
Advanced Driving: |
|
The training of a person who holds a driver’s
licence to develop the skills required for him to drive in extreme
environments in terms of terrain, climate, or activities. |
The
provisions of this Resolution will apply to all individuals and entities
conducting the Activity in the Emirate, including in Special Development Zones
and free zones, such as the Dubai International Financial Centre. This
Resolution will not apply to military, paramilitary,
and security entities.
This
Resolution aims to:
1. regulate the
conduct of the Activity;
2. contribute to the
achievement of the Emirate’s vision and strategic plans for safe driving on
roads; and
3. determine and
standardise the rules and requirements related to Vehicle driving
instruction in the Emirate; and ensure compliance by Establishments with these rules and requirements.
For
the purpose of achieving the objectives of this Resolution, the Agency will
have the duties and powers to:
1. establish the
rules and regulations required for conducting the Activity in the Emirate and
at areas where companies and corporations operate; and issue any guidelines or
manuals required in this respect;
2. determine Permit
applications in accordance with the conditions and procedures stipulated in
this Resolution and the resolutions issued in pursuance hereof;
3. establish the
technical specifications and requirements that must be met by Training
Vehicles;
4. audit and inspect
Establishments and their Branches, Registration Offices, and Training Vehicles;
and verify their compliance with the rules and requirements stipulated in this
Resolution and the resolutions issued in pursuance hereof;
5. classify Trainers
based on the type of Vehicles they are authorised to use for training, grant
them relevant Permits, and verify their compliance with the conditions and
requirements adopted in this respect;
6. prescribe, in coordination
with the concerned entities in the Emirate, the construction and
engineering specifications that must be met by Establishments and their
facilities;
7. in coordination
with the concerned entities in the Emirate, determine and regulate the routes,
lanes, and areas where the Activity may be conducted without negatively
affecting road traffic in the Emirate; preserve public safety and protect the
environment; and take the necessary action to remedy any resulting negative impact;
8. issue Temporary
Training Site Permits for corporations and companies wishing to train their employees to obtain
driving permits;
9. set the indicators
required to measure the level of services provided by Establishments;
10. issue
Identification Cards for Trainers and Instructors; and
11. exercise any other
duties or powers required for the achievement of the objectives of this
Resolution.
No
person or entity may conduct the Activity in the Emirate without first
obtaining a Permit.
a.
The Agency will, in accordance with the conditions and
procedures stipulated in this Resolution and the resolutions issued in
pursuance hereof, and in coordination with the concerned entities in the
Emirate, issue Permits for the following activities, categories, and sites:
1.
general Vehicle driving instruction;
2.
Occupational
Driving instruction;
3.
Advanced Driving
instruction;
4.
Desert Driving
instruction;
5.
a Branch;
6.
a Registration
Office;
7.
a Trainer;
8.
an Instructor; and
9.
a Temporary Driving
Instruction Site.
b.
The Permits referred to in paragraphs (a)(1) through (a)(8)
of this Article will be valid for a renewable period of one (1) year.
c.
The validity of the Permit stated in paragraph (a)(9) of
this Article will be determined by the Agency. However, the validity of this
Permit must not exceed six (6) months.
The
Permit of a non-UAE Trainer or Instructor will expire upon leaving the service
of his Establishment.
An
Establishment must:
1.
ensure that its owner does not assign his Permit, add a
partner to the
Establishment, sell or lease the Establishment to others, or undertake any
other legal disposition of the Establishment, without first obtaining the
relevant written approval of the Agency;
2.
comply with the driving instruction service level indicators
prescribed by the Agency;
3.
comply with the instructions, resolutions, policies, and
procedures issued by the Agency;
4.
comply with the instructional and training courses, and the training
programmes, approved by the Agency, as well as with the requirements for taking
knowledge
tests and attending theory lessons;
5.
not hire any person who is not authorised by
the Agency as a
Trainer or an Instructor;
6.
comply with the health, safety, and the environment
requirements and conditions adopted by the RTA;
7.
use its own Training Vehicles to conduct the Activity;
8.
not rent out its Training Vehicles to others;
9.
meet the security and safety requirements prescribed for
each category of Training Vehicles;
10. park its Vehicles, after working
hours,
within its premises or in the parking spaces designated for it;
11. use the standard
contracts adopted by the Agency when contracting with Learners;
12. comply with the
service fee scheme
prescribed by the RTA;
13. maintain paper or
electronic records that contain all the data, statistics, and documents related to its instruction activities in
accordance with the regulations adopted by the RTA, and make these records accessible to RTA
employees;
14. comply with the rules prescribed
by the Agency regarding the types, specifications, and number of Vehicles;
15. in accordance with
the relevant requirements adopted by the RTA, provide an insurance policy
issued by an insurance company licensed in the UAE to ensure that third parties
are indemnified against any damage they may sustain. The insurance policy must
be valid throughout the term of the Permit;
16. upon submitting an
application for a Permit, provide a valid guarantee in favour of the
RTA as prescribed by the RTA. This guarantee must be valid throughout the term of the Permit;
17. not use its
Training Vehicles, buildings, or facilities for conducting any activity other than the
Activity authorised by the Agency;
18. not conduct any other
activity,
even if related to its main Activity, or use any part of the land plot on which
its
premises
are constructed for any other
commercial purposes,
without first obtaining the written approval of the concerned entities in the
Emirate;
19. designate one or
more experienced and specialised Instructors to explain road traffic
legislation to Learners in the languages specified by the RTA;
20. provide the
buildings, facilities, devices, equipment, programmes, and systems required for
training in accordance with the relevant specifications and requirements
approved by the Agency;
21. conduct the
Activity and operate Training Vehicles at the timings prescribed by the Agency;
22. deliver the training and theory lessons
prescribed by the Agency;
23. not allow any person, other than a
Learner,
to get on board the
Training Vehicle during driving training without first obtaining the relevant approval of the
Agency;
24. notify the Agency, in accordance
with the rules prescribed by the RTA in this respect, of its intention to cease
the Activity;
25. fully cooperate
with the competent RTA employees and provide them with all data and information
they request;
26. affix on each Training
Vehicle a
signboard displaying the name and logo of the Establishment and stating that it is a driving
instruction
Vehicle; and
27. not place any
material on the front, back, or side window of a Training Vehicle, during driving training, in a manner that obstructs the vision of the Learner.
A
Trainer or an Instructor, as the case may be, must:
1. carry the Permits
required during driving training or theory lessons, and produce such Permits upon request;
2. comply with the
instructional and training courses approved by the Agency;
3. comply with the
routes and lanes designated by the Agency for Training Vehicles;
4. wear the uniform
prescribed for Trainers and maintain an appropriate general appearance;
5. use only Training
Vehicles authorised by the Agency for training;
6. train only
Learners who hold valid learning Permits issued by the Agency;
7. not use the
telephone during driving training, or allow a Learner to use the telephone while driving;
8. fasten his seat belt and ensure that Learners fasten
their seat belts
during driving training;
9. not, during driving
training,
eat, drink, smoke, read newspapers or magazines, sleep, or divert his own attention away
from the Learner;
10. comply with the
requirements prescribed by the Agency for delivering driving training;
11. comply with the
number of Learners prescribed by the Agency; and
12. fully cooperate
with RTA employees.
Without
prejudice to the provisions of the above-mentioned Ministerial Resolution No.
(178) of 2017 Concerning Road Traffic Control Rules and Procedures and any
other relevant legislation, the Agency may, in accordance with the rules and
conditions it determines, subject any Trainer or Instructor whose Permit is
suspended or cancelled to a requalification
or Assessment Test process.
In
return for issuing the Permits and providing the services stated in Schedule
(1) attached hereto, the RTA will charge the fees indicated opposite each of
these Permits and services.
a. Without prejudice
to any stricter penalty stipulated in any other resolution, any person who
violates the provisions of this Resolution and the resolutions issued in
pursuance hereof will be punished by the fine indicated opposite that violation
in Schedule (2) and Schedule (3) attached hereto. Upon repetition of the same
violation within one (1) year from the date of the previous violation, the
amount of fine will be doubled. A fine must not exceed thirty thousand Dirhams
(AED 30,000.00).
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.
suspension of
Permit for a period not exceeding one (1) month;
2.
restricting or denying access to the Road Traffic System; and/or
3.
revoking the
Permit.
A
violator must remedy any damage caused by his violation
within the time frame prescribed by the Agency,
failing which the Agency may remedy the same
and claim from the violator all remedy costs
in addition to twenty-five per cent (25%) of these costs as administrative
fees. The Agency's assessment of these expenses and costs will be final.
The
RTA employees nominated pursuant to a resolution of the Director General will
have the capacity of law enforcement officers to record the acts committed in
breach of the provisions of this Resolution and the resolutions issued in
pursuance hereof. For this purpose, they may inspect any Establishment, its
facilities, its employees, and its Vehicles; access any records, data, or documents
in the possession of the Establishment; and issue the necessary violation
reports in this respect.
Any
affected party may submit to the Director General a written grievance against
any decision, procedure, or measure taken against him in accordance with this
Resolution or the resolutions issued in pursuance hereof, 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 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.
The
fees, fines, and any other amounts collected pursuant to this Resolution will
be paid to the Public Treasury of the Government of Dubai.
The
RTA will not be liable to third parties for any damage they may sustain as a
result of conducting the Activity by the persons
authorised under this Resolution to do so.
All
persons
to which this Resolution applies must comply with its provisions within a
period not exceeding one (1) year from its effective date. The Director General
may extend this period once for the same period.
The
Director General will issue the resolutions required for the implementation of
this Resolution. These resolutions will be published in the Official Gazette of
the Government of Dubai.
a. The
above-mentioned Regulation No. (6) of 2009 is hereby repealed, and any
provision in any other resolution or regulation will also be repealed to the
extent that it contradicts the provisions of this Resolution.
b. The Implementing
Bylaw and resolutions issued in implementation of the above-mentioned
Regulation No. (6) of 2009 will continue in force, to the extent that they do
not contradict this Resolution, until new superseding bylaws and resolutions
are issued.
This
Resolution will be published in the Official Gazette and will come into force
sixty (60) 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 30 September 2018
Corresponding
to 20 Muharram 1440 A.H.
SN
|
Description
|
Fee (in Dirhams)
|
|
1 |
Issuing or renewing the annual Permit of an
Establishment |
5,000.00 |
|
2 |
Issuing or renewing the annual Permit of an
Occupational Driving instruction Establishment |
3,000.00 |
|
3 |
Issuing or renewing the annual Permit of an Advanced
Driving instruction Establishment |
3,000.00 |
|
4 |
Issuing or renewing the annual Permit of a Desert Driving
instruction Establishment |
3,000.00 |
|
5 |
Issuing or renewing the annual Permit of a Branch |
4,000.00 |
|
6 |
Issuing or renewing the annual Permit of a
Registration Office |
2,000.00 |
|
7 |
Variation of the details of an Establishment’s
Permit |
500.00 |
|
8 |
Issuing a replacement for a lost or damaged Permit
issued to a Trainer, an Instructor, an Establishment, a Branch, or a
Registration Office |
100.00 |
|
9 |
Examining or inspecting a Temporary Training Site
upon the request of an Establishment |
200.00 |
|
10 |
Adding a new category of Vehicles to a Trainer’s
Permit |
100.00 |
|
11 |
Issuing or renewing the Permit of an Instructor |
400.00 |
|
12 |
Registration of a motorcycle as a Training Vehicle |
1,000.00 |
|
13 |
Registration of a light Vehicle as a Training
Vehicle |
5,000.00 |
|
14 |
Registration of a heavy Vehicle as a Training
Vehicle |
3,000.00 |
|
15 |
Registration of a light bus as a Training Vehicle |
3,000.00 |
|
16 |
Registration of a heavy bus as a Training Vehicle |
3,000.00 |
|
17 |
Registration of a light mechanical tractor as a
Training Vehicle |
4,000.00 |
|
18 |
Registration of a heavy mechanical tractor as a
Training Vehicle |
6,000.00 |
|
19 |
Registration of a four-wheel drive Vehicle as a
Desert Driving Training Vehicle |
2,500.00 |
|
20 |
Registration of a Vehicle as an Advanced Driving or Occupational
Driving Training Vehicle |
2,500.00 |
|
21 |
Conducting the annual mechanical inspection of a
Training Vehicle or a driving test Vehicle |
100.00 |
|
22 |
Issuing a number plate for a Training Vehicle |
100.00 |
|
23 |
Providing knowledge
test interpreting
services |
100.00 |
|
24 |
Training of a data entry officer |
AED 500.00 per trainee |
|
25 |
Road traffic books and manuals |
AED 50.00 per book or manual |
SN
|
Violation
|
Fine (in Dirhams)
|
|
1 |
Conducting the Activity without a Permit |
10,000.00 |
|
2 |
Conducting the Activity with an expired Permit |
5,000.00 |
|
3 |
Assignment by the owner of an Establishment of his
Permit, adding a partner to the
Establishment, selling
or leasing out the Establishment to others, or undertaking any other legal disposition of the Establishment, without first obtaining the
relevant written approval of the Agency |
5,000.00 |
|
4 |
Failure to comply with the training service level
indicators prescribed by the Agency for conducting the Activity |
2,000.00 |
|
5 |
Failure to comply with the instructions,
resolutions, policies, and procedures issued by the Agency |
2,000.00 |
|
6 |
Failure to comply with the instructional and
training material and training programmes approved by the Agency or with the knowledge
test or instruction requirements |
2,000.00 |
|
7 |
Employment by an Establishment of a Trainer or an
Instructor who does not hold a Permit from the Agency |
1,000.00 |
|
8 |
Failure to comply with the requirements of health,
safety, and environment adopted by the RTA |
2,000.00 |
|
9 |
Conducting the Activity using a Training Vehicle
which is not owned by the Establishment |
5,000.00 |
|
10 |
Leasing a Training Vehicle to third parties |
5,000.00 |
|
11 |
Failure by an Establishment to meet the security and
safety requirements prescribed for each category of Training Vehicles |
2,000.00 |
|
12 |
Failure by an Establishment to park, after working hours, any of its Vehicles within its
premises or in the parking spaces designated for it |
2,000.00 |
|
13 |
Failure to use the standard contracts approved by
the Agency when contracting with Learners |
1,000.00 |
|
14 |
Failure by an Establishment to comply with the service fee scheme prescribed by the RTA |
2,000.00 |
|
15 |
Failure to maintain paper or electronic records
containing all the data, statistics, and documents related to the Activity in
accordance with the regulations adopted by the RTA, or failure to
make these records accessible to RTA employees |
2,000.00 |
|
16 |
Failure to comply with the types, specifications,
and number of Vehicles prescribed for an Establishment by the Agency |
3,000.00 |
|
17 |
Failure to provide an insurance policy, issued by
an insurance company licensed in the UAE, in accordance with the
requirements approved by the RTA in this respect, or failure to maintain this
insurance policy valid throughout the term of the Establishment’s Permit |
5,000.00 |
|
18 |
Failure to provide a guarantee in favour of the RTA as prescribed by the RTA or to maintain
this guarantee valid throughout the validity of
the Establishment’s Permit |
5,000.00 |
|
19 |
Using the Establishment’s Training Vehicles,
buildings, or facilities for conducting any activity other
than the Activity authorised by the
Agency |
5,000.00 |
|
20 |
Conducting any other activity even if it is related
to the Establishment’s main Activity or using any part of the land plot on
which its building is constructed for any other commercial purposes
without first obtaining the written approval of the concerned entities in the
Emirate |
5,000.00 |
|
21 |
Failure to designate one or more experienced and
specialised Instructors to explain road traffic legislation to Learners in
the languages determined by the RTA |
1,000.00 |
|
22 |
Failure to provide the buildings, facilities,
equipment, devices, programmes, and systems required for driving training in
accordance with the relevant specifications and requirements approved by the
Agency |
3,000.00 |
|
23 |
Failure to comply with the timings prescribed by the
Agency for conducting the Activity |
1,000.00 |
|
24 |
Failure to deliver the training
and theory lessons prescribed by the Agency |
2,000.00 |
|
25 |
Allowing any person other than a Learner to get on board a
Training Vehicle during driving training without first obtaining the
relevant written approval of the Agency |
2,000.00 |
|
26 |
Failure by the Establishment to notify the Agency, in accordance with the rules prescribed by the RTA in this respect, of its intention
to cease the Activity |
3,000.00 |
|
27 |
Failure to cooperate with the competent RTA
employees or to provide them with all the data and information they request |
2,000.00 |
|
28 |
Placing any material on the front, back, or side window of a
Training Vehicle, during driving training, in a manner that obstructs the vision of the Learner |
150.00 |
|
29 |
Failure to affix on a Training Vehicle a signboard displaying the name and logo of the Establishment
and stating that it is a driving
instruction Vehicle |
200.00 |
SN
|
Violation
|
Fine (in Dirhams)
|
|
1 |
Failure to carry the required Permits during driving
training or theory lessons, or to produce such
Permits upon request |
250.00 |
|
2 |
Failure to comply with the instructional and
training courses approved by the Agency |
1,000.00 |
|
3 |
Failure to comply
with the routes, lanes, and areas
designated by the Agency for driving training |
200.00 |
|
4 |
Failure to wear the uniform prescribed for Trainers, or to maintain an appropriate general appearance |
200.00 |
|
5 |
Using a Vehicle that is not authorised by the Agency
as a Training Vehicle |
500.00 |
|
6 |
Training a Learner
who does not hold a valid learning Permit issued by the Agency |
500.00 |
|
7 |
Using the telephone by a Trainer during driving training, or failure to take the necessary action to prevent
a Learner from using the telephone while driving |
400.00 |
|
8 |
Failure by a Trainer to fasten his seat belt or to ensure that the Learner fastens his seatbelt
during driving training |
400.00 |
|
9 |
Eating, drinking, smoking, reading newspapers or
magazines, sleeping, or diverting his attention away from the Learner during
driving training |
300.00 |
|
10 |
Failure to meet the requirements adopted by the
Agency for delivering driving training |
300.00 |
|
11 |
Training a number
of Learners that exceeds the number prescribed by the Agency |
200.00 |
|
12 |
Failure to cooperate with the competent RTA
employees |
500.00 |