Law No. (34) of
2008
Concerning
Disposition of
Impounded Vehicles, Machinery, and Bikes[1]
______________________
We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal
of:
Federal
Law No. (11) of 1992 Issuing the Civil Procedures Code and its amendments;
Federal Law No. (21) of 1995
Concerning Road Traffic, its amendments, and Implementing Bylaw;
Ministerial Resolution
No. (127) of 2008 Concerning Road Traffic Control Rules and Procedures;
Dubai Police Law of 1966 and the
Police Implementing Bylaw No. (1) of 1984; and
Resolution No. (5) of 2006 Concerning Proceeds
of Traffic Fines,
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:
|
Police: |
Dubai Police. |
|
Vehicle: |
Any motorised machine, Pedal
Cycle, Motorcycle, carriage, or any other machine designed to run on roads
whether mechanically propelled or otherwise. This includes tractors. |
|
Motorcycle: |
A two- or more-wheeled
motor vehicle designed for transporting persons or objects. |
|
Pedal Cycle: |
A two-or more-wheeled
vehicle not equipped with a motor engine, propelled by the rider, and
designed to transport persons. |
The provisions of
this Law will apply to Vehicles, machinery, Motorcycles, and Pedal Cycles impounded
by the Police.
The Police may,
in accordance with the procedures stated in Article (4) of this Law, sell Vehicles,
machinery, Motorcycles, and Pedal Cycles impounded by the Police for no less
than six (6) months without their owners taking the procedures required to get
them released.
1. A notice to the owners and mortgagees of impounded Vehicles, machinery,
Motorcycles, and Pedal Cycles will be published in one English and one Arabic
widely-circulated daily newspaper requesting them to proceed to the competent Police
department to reclaim their impounded items within a period not exceeding one
(1) month from the date of publication date of the notice; and
2. If the owners or the mortgagees fail to reclaim their impounded items
within the period referred to in paragraph (1) of this Article, such items will
be sold at a public auction in accordance with the provisions and procedures
stated in Federal Law No. (11) of 1992 Issuing the Civil Procedures Code and
its amendments.
The proceeds of the
sales of impounded items, and the amounts due and payable to the owners of such
impounded items and to their creditors, after deducting expenses, fees, and
fines incurred on such items, will be held in trust under the name of the
owners or their creditors in a special account with the Department of Finance
for a period of five (5) years, and in case such items are not reclaimed within
such period, they will become the property of the Government of Dubai, and no
claim for these items will be heard thereafter.
For the purposes
of this Article, the word “creditors” will mean any creditor whose claim is verified
by way of a mortgage bond, a definitive court judgement, or any other official instrument.
The word “owners” will mean persons each possessing an official ownership document
for any of the impounded items.
In any event,
nothing in this Article will preclude any legal or natural person from
resorting to courts to prove a right he claims, provided that such claim is initiated
within the period mentioned in this Article.
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 17 December
2008
Corresponding to 19 Thu al-Hijjah
1429 A.H.
©2015 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.