Law No. (23) of 2015
Concerning
Disposition of Impounded Vehicles in the
Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum,
Ruler of Dubai,
After
perusal of:
Federal
Law No. (11) of 1992 Issuing the Civil Procedure Code and its amendments;
Federal
Law No. (21) of 1995 Concerning Road Traffic, its Implementing Bylaw, and their
amendments;
Ministerial
Resolution No. (127) of 2008 Concerning Road Traffic Control Rules and
Procedures;
Dubai
Police Law of 1966 and its Implementing Bylaw No. (1) of 1984;
Law
No. (5) of 1995 Establishing the Department of Finance;
Law
No. (6) of 1997 Concerning Contracts of Government Departments in the Emirate
of Dubai and its amendments;
Law
No. (17) of 2005 Establishing the Roads and Transport Authority and its
amendments;
Law
No. (34) of 2008 Concerning Disposition of Impounded Vehicles, Machinery, and
Bikes and its amendments;
Law
No. (35) of 2009 Concerning Management of the Public Funds of the Government of
Dubai and its amendments;
The
Order of 1961 Establishing the Dubai Municipality;
Executive
Council Resolution No. (5) of 2012 Approving the Fee for Participating in
Public Auctions in the Emirate of Dubai;
Regulation
No. (4) of 2009 Regulating Work in the Right of Way in the Emirate of Dubai;
Local
Order No. (92) of 1995 Regulating the Use of Public Car Parks in the Emirate of
Dubai and its amendments; and
Local
Order No. (11) of 2003 Concerning Public Health and Community Safety in the
Emirate of Dubai, its Implementing Bylaw, and their amendments,
Do
hereby issue this Law.
The following
words and expressions, wherever mentioned in this Law, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The
Emirate of Dubai. |
|
DP: |
The
Dubai Police. |
|
Commander-in-Chief: |
The
commander-in-chief of the Dubai Police. |
|
Vehicle: |
Any
motorised machine, Pedal Cycle, Motorcycle, Carriage, or other machine designed
to run on Roads,
whether mechanically propelled or otherwise. This includes Tractors and
Trailers. |
|
Seized
Vehicle: |
Any
Vehicle seized by the DP for violating the Road traffic rules, or
any Vehicle impounded under the legislation in force in the Emirate. |
|
Abandoned
Vehicle: |
Any
Vehicle which is left unattended at a Public Place in a manner that compromises
public health and safety, impairs
the general appearance of the Emirate, or violates the rules related to the
environment, and which is seized and impounded by the Dubai Municipality; or
any Vehicle which is left at the
private property of
others and is impounded by the DP. |
|
Impounded
Vehicle: |
Any
Seized Vehicle or Abandoned Vehicle impounded in accordance with the
provisions of this Law. This does not include Vehicles which are seized or
confiscated pursuant to judicial orders or court judgements. |
|
Creditor: |
A
natural or legal person who has a right, to an Impounded Vehicle, that is established
by a mortgage deed,
a definitive court judgement, or any other official document. |
|
Owner: |
A
natural or legal person who
holds
an official document proving his
ownership of an Impounded Vehicle. |
|
Public
Place: |
This
includes public Roads and their Rights of Way; yards, pathways,
Pavements, vacant land, public squares, public parks, Public Car Parks, car parks of
public facilities, trade
centres, and any other place accessible to the public. |
|
Committee: |
The
Committee for Disposition of Impounded Vehicles formed pursuant to the
provisions of this Law. |
The provisions of
this Law apply to Impounded Vehicles in the Emirate. These Vehicles will be disposed of
pursuant to a resolution of the Committee in accordance with the rules and
procedures prescribed by this Law.
a. A
committee named the “Committee for Disposition of Impounded Vehicles” will be
formed pursuant to a
resolution of the Commander-in-Chief. The Committee will be comprised of
representatives from the DP, the Dubai Municipality, the Roads and Transport
Authority, the Public Prosecution, and other concerned Government Entities. The
resolution forming the Committee must determine its terms of reference and the procedures for convening its meetings.
b. The
Committee will have the duties and powers to:
1. inspect
Impounded Vehicles; estimate their
value; and verify that
they are not subject to impoundment by any other entity, in coordination with
the concerned entities in the Emirate,
including the competent judicial authorities; and
2. sell
Impounded Vehicles by public auction in accordance with the provisions of this
Law, the above-mentioned Law No. (6) of 1997, and the relevant rules and
procedures adopted by the DP.
c. For the
purpose of performing the duties assigned to it pursuant to this Law, the
Committee will have the authority to:
1. form
sub-committees and work teams and determine their functions;
2. delegate
any of its powers under paragraph (b) of this Article to its members, provided
that such delegation is made to more than one member;
3. seek the
assistance of experts and specialists as it deems appropriate; and
4. authorise
any public or private entity to manage and organise the sale by public auction
of Impounded Vehicles.
a.
The Committee will have the exclusive power to dispose of Impounded Vehicles in
accordance with the provisions and
procedures stipulated in this
Law and the resolutions issued in pursuance hereof.
b.
Public and private entities in the
Emirate must coordinate with the DP in respect of the disposition of Impounded Vehicles which
are subject to the provisions of
this Law.
c.
Any
fees,
fines, or other financial liabilities incurred in
respect of an Impounded Vehicle will not preclude the disposition of that Vehicle in accordance with
the provisions of this Law. The Owner of the Impounded Vehicle will remain
liable for the settlement
of these obligations.
d.
Where an Impounded Vehicle cannot be
disposed of in accordance with the provisions and the procedures stipulated in
this Law, that Vehicle will be subject to the relevant rules, conditions, and
procedures adopted by the Committee.
a. An
Impounded Vehicle will be disposed of three (3) months after the date of its impoundment.
b. No fees
or fines may be imposed on any Impounded Vehicle, which is intended for
disposition in accordance with the provisions of this Law, after the lapse of
the period referred to in paragraph (a) of this Article.
c. The
procedures for disposition of an Impounded
Vehicle are as follows:
1. The DP
will serve a notice on the Owner of the Impounded Vehicle to take the
appropriate action for releasing it, and on the Creditors to take the necessary
action to claim their rights, within
thirty (30) days from the date of notice. The
notice will be served by publication in one
English and one Arabic widely-circulated local daily newspaper.
2. The
notice referred to in sub-paragraph
(c) (1) of this Article must include the basic information of the Impounded
Vehicle, such as its plate number, model, and colour. The notice must state
that the Impounded Vehicle will be sold by public auction if it is not released
within the period specified in the notice.
3. If the Owners
fail to take appropriate action for releasing their Impounded Vehicles and the
Creditors fail to initiate the
necessary judicial proceedings
for enforcement against these Vehicles within
the period specified in the notice, the DP will prepare a final list of
Impounded Vehicles and refer it to the Committee.
4. The
Committee will consider the final list of Impounded Vehicles to proceed with the sale of the same by public auction.
d. Notwithstanding
the provisions of paragraph (c) of this Article, the Committee will hold a sale
by public auction of the Vehicles
impounded by the DP for reasons related to traffic accidents or criminal incidents three (3) months
after the traffic accident case is closed; or, in coordination with the Public
Prosecution, after the relevant court
judgement is rendered.
Notwithstanding
the provisions of Article (5) of this Law, the Committee may dispose of an
Impounded Vehicle if the Owner of this Vehicle notifies the DP in writing of
his desire to have it sold by public auction in accordance with the provisions
of this Law; and where the Vehicle is mortgaged, the mortgagee must give a
written ‘no objection’ to
this sale by public auction.
The ownership of a Vehicle which is sold by
public auction in accordance with the provisions of this Law will be
transferred to the purchaser free of any financial liabilities
owed to third parties.
In addition to
collecting the fees and fines prescribed under the legislation in force, the DP
will deduct from the price of sale
of
Impounded Vehicles by public auction all the expenses incurred by the DP on
account of this sale and any other expenses related to the impoundment and sale of the Vehicles, in addition to
five percent (5%) of the proceeds of the sale as administrative fees.
a.
An Owner of an Impounded Vehicle in
respect of which sale by public auction procedures have been initiated will have the right to reclaim that Vehicle
before the sale is finalised, provided that he pays all the expenses, fees,
and fines incurred in respect of the Vehicle up to the time of its reclamation.
b.
The determination, by the DP and the
concerned Government entities, of the expenses incurred in respect of the
Impounded Vehicle will be deemed final. These expenses must be collected from
the Owner of the Impounded Vehicle or deducted from the proceeds of its sale, as the case may be.
The
proceeds of the sale by public auction of Impounded Vehicles will be held in
trust under the name of their Owners in a special account with the Department
of Finance for a period of three (3) years, after deducting the expenses of serving notices, publication,
impoundment, and sale by public auction; and the fees and fines incurred in
respect of these Vehicles. The settlement of these expenses, fees, and fines
takes priority over any other liabilities incurred by the Owners. Where the proceeds of sale are not claimed within the above-mentioned period by
the Owner, or by a third party holding a
relevant writ
of execution, they will be paid to the Public Treasury of the Government of
Dubai.
The Commander-in-Chief
will issue the resolutions required for the implementation of the provisions of
this Law.
a. This Law
supersedes the above-mentioned Law No. (34) of 2008.
b. Any
provision in any other legislation will be repealed to the extent that it
contradicts the provisions of this Law.
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 10 August 2015
Corresponding
to 25 Shawwal 1436 A.H.
©2020 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.