Law No. (11) of 2010
Concerning the Licensing of
Vessels in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (17) of 2005 Establishing the Roads and
Transport Authority;
Law No. (11) of 2007 Establishing the Dubai Maritime
City;
Executive Council Resolution No. (8) of 2006
Establishing the Agencies Affiliated to the Roads and Transport Authority and
Approving their Corporate and Organisational Structures;
Regulation No. (2) of 2007 Regulating the Operation of
Water Buses on Dubai Creek;
Regulation No. (3) of 2008 Concerning Use and
Licensing of Personal Watercraft in the Emirate of Dubai; and
Local Order No. (6) of 1998 Regulating the
Operation of Small Passenger Boats (Abras) on the Dubai Creek and its amendments,
Do hereby issue this Law.
Article (1)
This Law will be cited as “Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai”.
Article (2)
The following words and expressions, wherever
mentioned in this Law, 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. |
Vessel: |
Any vessel of any type or
structure whatsoever operated on the territorial waters and watercourses of
the Emirate to transport Passengers or Goods for personal, commercial, sports,
or tourism purposes. |
Maritime Transport: |
An activity that involves
transporting Passengers or Goods from one place to another in the Emirate
using a Vessel. |
Group Maritime Transport: |
An activity that involves
group transport of Passengers, for a fee, from one place to another in the
Emirate using a Vessel. |
Passenger: |
Any person using a Vessel to travel from one
place to another. |
Goods: |
Any livestock, agricultural,
or industrial materials, equipment, or things; raw materials; or other
materials, whether in liquid, solid, or gaseous state, which are transported by a Vessel within
the Emirate. |
Article (3)
This Law aims to regulate the licensing and inspection of Vessels operating
in the Emirate and to regulate Maritime Transport with a view to ensuring the
highest level of security, safety, and environmental protection; and the
provision of the highest quality Passenger and Goods transport services, in
furtherance of the objectives and requirements of economic development in the
Emirate.
Article (4)
The DMCA will have the duties
and powers to:
1.
conduct technical inspection of
Vessels;
2.
license and register Vessels after verifying their compliance with the technical
specifications approved by the DMCA;
3.
license masters and crew members of Vessels;
4.
control, and conduct technical inspections of, all
Vessels operating in the Emirate, including their masters and crew members, to
ensure that they are in compliance with the relevant standards, requirements,
and regulations determined by the DMCA, including safety regulations, and
environmental requirements such as the thermal
and carbon emission rates permitted by concerned entities;
5.
establish the technical requirements and
specifications for Vessels authorised for conducting various maritime
activities;
6.
establish the standards, requirements, and regulations
relating to conducting technical inspection, and to Vessel monitoring and inspection;
7.
manage, in coordination with the concerned Government entities
in the Emirate, the anchorage and berthing facilities of Vessels;
8.
determine, in coordination with the RTA and other concerned
Government entities in the Emirate, the main lines of the Maritime Transport
network in the Emirate, and determine the routes and areas where maritime
activities are allowed and maximum speed limits;
9.
create data records of licensed Vessels, and of persons
and entities licensed to conduct maritime activities in the Emirate;
10.
issue bylaws related to Vessel security and safety standards
and requirements, including Passenger security and safety standards and systems,
in accordance with the relevant international standards. These bylaws must cover:
-
life-saving equipment;
-
firefighting equipment; and
-
marine navigation equipment;
11.
assess the condition of Vessels and all their
technical fittings and verify their compliance with the approved standard
specifications before issuing licences for such Vessels;
12.
prepare, in coordination with the concerned Government
entities, a navigation signals and lights technical specifications manual to
manage marine navigation in the Emirate;
13.
regulate all legal dispositions of Vessels, including
sale and mortgage; and
14.
oversee the work of Vessel manufacturers and
maintenance companies to ensure their compliance with the standards and
specifications approved by the DMCA.
Article (5)
a.
The RTA will manage Group Maritime Transport. For this
purpose, it may:
1.
study, plan, design, operate, and regulate Group
Maritime Transport operations in the Emirate, including the operation of
Vessels to transport Passengers within the Emirate or between the Emirate and other
emirates; and establish anchorage, berthing, and maintenance facilities, and
other facilities that enable the RTA to perform these duties;
2.
grant permits to companies and corporations to conduct
Group Maritime Transport activities in the Emirate, using their own Vessels or
those chartered to them by the RTA;
3.
determine, in coordination with the DMCA, the Group
Maritime Transport lines and routes, the areas where Group Maritime Transport
is permitted, and the maximum speed limits on such routes; and
4.
establish the requirements and conditions that must be
met by the Vessels used in Group Maritime Transport in order to ensure the safety
of Passengers, and monitor compliance with such requirements and conditions in
accordance with the relevant legislation approved by the RTA.
b.
The DMCA will regulate Maritime Transport for all
purposes other than those referred to in paragraph (a) of this Article in
accordance with the provisions of this Law and the relevant legislation in
force.
Article (6)
No person may operate
any Vessel to conduct a maritime activity in the Emirate without first
obtaining the relevant licence from the DMCA.
The implementing bylaw of this
Law will specify the licensing conditions and procedures, and the validity of
licences.
Article (7)
a.
All Vessels, including those owned by Government entities,
must be licensed and registered with the DMCA in the relevant registers and
records.
b.
A Vessel may not operate in the Emirate unless it is
registered and licensed by the DMCA and unless it carries the relevant
documents prescribed by the DMCA.
c.
Without prejudice to any security, safety, or environmental protection
requirements, the provisions of paragraphs (a) and (b) of this
Article will not apply to:
1.
Vessels owned by the Dubai Police General Headquarters
and the Dubai Civil Defence;
2.
Vessels licensed and registered outside of the Emirate
that are authorised to enter the Emirate; and
3.
any other Vessels determined by the Chairman of the
Executive Council.
Article (8)
a.
A Vessel may not be registered or licensed in the
Emirate and a Vessel licence may not be renewed, without first submitting an
insurance contract issued by an insurer licensed to operate in the Emirate
covering the term of the licence. The insurance must cover the liability of the
owner of the Vessel for the damage that may be sustained by third parties as a
result of operating the Vessel.
b.
A Vessel registered outside of the UAE may not enter
the territorial waters of the Emirate without first submitting an insurance contract
covering its liability for any damage it may cause in the Emirate.
Article (9)
Each Vessel will have a number
plate which displays its registration number with the DMCA. This plate may not
be altered or replaced without the approval of the DMCA.
The DMCA will determine the
specifications and measurements of such number plates.
Article (10)
All legal dispositions of
Vessels must be registered with the DMCA, failing which such legal dispositions
will be null and void.
Article (11)
a.
If the owner of a Vessel wishes to strike it off the register or decommission
it, he must notify the DMCA in writing prior to the date of expiry of its
licence and surrender the licence and number plate of the Vessel to the DMCA.
b.
The DMCA may strike off, deregister, and withdraw the
number plate, of a Vessel if it is proven unseaworthy.
Article (12)
The training of
persons to navigate Vessels will only be provided by training centres licensed
for this purpose by the DMCA.
The implementing bylaw of this
Law will determine the rules, conditions, and requirements for the licensing of
training centres and the activities they may conduct for purposes of providing
theoretical and practical training and qualification for persons wishing to
obtain permits to navigate Vessels.
Article (13)
a.
No person may navigate a Vessel unless he is a holder
of a valid permit authorising him to do so. The master of a Vessel must carry
his permit during navigation.
b.
No owner of a Vessel may allow a person to navigate such
Vessel unless that person holds the appropriate permit in accordance with the
provisions of this Law and its implementing bylaw.
c.
The provisions of paragraph (a) of this Article will
not apply to police and civil defence personnel navigating the Vessels of their
departments while on duty, provided that they hold the relevant authorisations
issued by their departments.
Article (14)
The implementing bylaw
of this Law will set forth the provisions governing the licensing of masters
and crew members of Vessels, including those related to:
a.
categories; validity; and requirements for the
issuance, renewal, and replacement of mariner’s permits;
b.
authorisations for navigating Vessels, their validity,
and the requirements of issuance and renewal of the same; and
c.
international mariner’s permits.
Article (15)
The DMCA may suspend a master
mariner’s permit or the permit of any crew member of a Vessel if it is proven
to the satisfaction of the DMCA that the holder of such permit has ceased to
meet any of the prescribed eligibility requirements for holding that permit.
Article (16)
When conducting
technical inspection of Vessels, the DMCA will:
1.
conduct technical surveys of all Vessels for the
purpose of issuing or renewing their licences to verify their compliance with
the manufacturer’s specifications and the Vessel safety standards;
2.
approve the surveys related to the manufacture and
conversion of Vessels designed and manufactured in the Emirate, and monitor and
inspect their manufacturing plants; and
3.
compile information and statistical data related to
all types of Vessels.
Article (17)
No entity may conduct the
activity of chartering Maritime Transport Vessels in the Emirate without first obtaining
the relevant licence from the DMCA. The implementing bylaw of this Law will determine
the conditions and requirements for issuing such licence.
Article (18)
The DMCA will charge fees for
the services provided and licences issued in accordance with the provisions of
this Law. The amount of such fees will be determined by the implementing bylaw
of this Law.
Article (19)
Without prejudice to any stricter penalty
stipulated in any other law, a person who violates the provisions of this Law will
be punished by a fine of no less than one thousand Dirhams (AED 1,000.00)
and no more than fifty thousand Dirhams (AED 50,000.00).
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 one hundred thousand Dirhams (AED 100,000.00).
In addition to the penalty of a fine stipulated
herein, the DMCA may take one or more of the following measures against a violating
entity:
1.
seizure of
the Vessel;
2. suspension of the licence for a period not
exceeding six (6) months; and/or
3.
revocation
of the licence.
The implementing bylaw of this Law will determine
the acts deemed as violations of its provisions and the penalties prescribed
for each violation.
Article (20)
Employees
of the DMCA nominated by a resolution of the Executive Chairman of the DMCA will
have the capacity of law enforcement officers to
record the acts committed in breach of the provisions of this Law and the bylaws and resolutions issued in pursuance hereof. For this
purpose, they may issue the necessary violation reports.
Article (21)
The DMCA may authorise any
corporation or company to perform the technical testing and inspection of
Vessels and their masters and crew members pursuant to an agreement concluded
for this purpose. This agreement will provide for the obligations of the
corporation or company, the specifications to be observed by it when conducting
the tests and inspections, and the financial rights of the DMCA.
Article (22)
Pursuant to this Law, all
duties and powers of the RTA in relation to licensing Vessels, and all relevant
data and records, will be transferred to the DMCA. Furthermore, RTA employees
in charge of licensing Vessels will be transferred to the DMCA to the extent required
to meet the needs of the DMCA.
Article (23)
All persons and entities to
whom the provisions of this Law apply must comply with its provisions within a
period not exceeding one (1) year from the date on which this Law comes into
force.
Article (24)
The Chairman of the Executive
Council of the Emirate of Dubai will issue the implementing bylaw of this Law.
Article (25)
Any provision in any other
legislation will be repealed to the extent that it contradicts the provisions
of this Law.
Article (26)
This
Law will be published in the Official Gazette and will come into force on the
day on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 7 June 2010
Corresponding to 24 Jumada al-Thaniyah 1431 A.H.
©2016 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.