Law No. (6) of 2006
Concerning
Contribution of
Beneficiaries to the Cost of
Roads and Public Transport
Contracts[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Law No. (17) of 2005
Establishing the Roads and Transport Authority,
Do hereby issue this Law.
This Law will be cited as
"Law No. (6) of 2006 Concerning Contribution of Beneficiaries to the Cost
of Roads and Public Transport Contracts".
The following words and
expressions 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. |
|
Board
of Directors: |
The
board of directors of the RTA. |
|
Chairman
of the Board of Directors: |
The
chairman of the Board of Directors of the RTA. |
|
Beneficiary: |
A
natural or legal person, or a Government or private entity, including free
zones, which implements in the Emirate a project that generates a number of
trips in excess of the maximum number prescribed by the regulations and technical
standards and manuals adopted by the RTA. |
|
Generated
Trips: |
The
number of trips generated by a proposed project on roads and junctions in the
vicinity of the project and on its access roads and exits, measured at Peak
Hours and calculated in accordance with the technical manuals and Traffic
Models adopted by the RTA.
|
|
Traffic
Model: |
Databases
and specialised computer software provided by the RTA for the purposes of
studying road networks and transport systems and determining projected
traffic volume and distribution of traffic load on these networks and
systems. |
|
Traffic
Solutions: |
New alterations and improvements required to be
made to road networks and transport systems in the vicinity of the concerned
project to accommodate present and projected traffic volume and prevent degradation
of the standards of
the traffic services provided by these networks and systems to unacceptable levels
due to the traffic volume generated by the project. |
|
Traffic
Impact Study: |
A
specialised study conducted by a specialised entity to determine the number
and types of trips generated by the concerned project and the way to
distribute traffic load on the areas, road networks, and current and planned
transport systems in the Emirate in order to determine the Traffic Solutions
and the number of parking spaces required to serve the project. |
|
Peak
Hours: |
The
hours at which the traffic volume on the roads affected by the concerned
project and on the access roads and exits of the project reaches its maximum
limit, and which are determined in accordance with the technical standards and
manuals adopted by the RTA. |
1. The RTA will be exclusively
responsible for prescribing the technical requirements, standards, and manuals relating
to the study, design, implementation, operation, and integration of road
networks and transport systems in the Emirate.
2. The need for conducting
Traffic Impact Studies and the level and contents of these studies will be
determined in accordance with the "Traffic Impact Studies Manual of
1999" attached to this Law as Annex (1).
Before commencing works on
a project site, a Beneficiary must obtain the RTA approval of the rights of way
of road networks and transport systems within the boundaries, and on the access roads and exits, of the project.
Notwithstanding any
provision in any other legislation, concerned entities in the Emirate and free
zone authorities must not issue construction permits to any project that
requires a Traffic Impact Study without the
approval
of such Traffic Impact Study by the RTA. For the purposes of this Article, concerned
entities will include real property developers authorised to issue construction
permits.
A Beneficiary must provide the RTA with
the following:
1.
all information and data relating to his project as
required for updating the Traffic Model of the project site. The Beneficiary must
bear the cost of use and update of the Traffic Model; and
2.
a Traffic Impact Study of the projected traffic flow of
the project. This study must:
a.
be conducted in accordance with the Traffic Impact
Studies Manual of 1999 attached to this Law as Annex (1);
b.
be based on the Trip Generation and Parking Rates
Manual of 1999 attached to this Law as Annex (2);
c.
be based on the Traffic Model provided by the RTA; and
d.
be prepared by a consultant accredited by the RTA and submitted
during the project planning phase. The Beneficiary must bear the Traffic Impact
Study revision fees.
The RTA may, based on the
outcome of the studies it conducts or the Traffic Impact Study submitted by a
project owner, determine the maximum traffic impact the project is permitted to
create. The project owner must make the necessary modifications to his project
in compliance with the relevant requirements of the RTA.
1. A Beneficiary will, either
solely or jointly with the RTA, bear the cost of design, construction, and
maintenance of the components of Traffic Solutions required for the concerned
project, in accordance with the requirements prescribed by the RTA based on the
outcome of the Traffic Impact Studies it approves.
2. The Chairman of the Board
of Directors will determine the contribution of a Beneficiary to the cost
referred to in the preceding paragraph.
Subject to Article (8) of
this Law, the RTA may implement the Traffic Solutions required for a project
after a Beneficiary provides a bank guarantee equal to the value of required
works, or may, based on the volume of required Traffic Solutions and the time
required for their implementation, authorise the Beneficiary to implement these
solutions, under supervision of the RTA, through a contractor accredited by the
RTA. The Beneficiary must pay all costs of the required Traffic Solutions as
prescribed by the RTA.
Upon the RTA approval of an
official request submitted to it by a Beneficiary for supervising the
consultants conducting the studies, making the designs, or supervising the
implementation of a project for that Beneficiary, the Beneficiary will be
liable to pay all costs owed either directly to the RTA or to any other parties
appointed by the RTA to perform the required works, including the fees payable
to the RTA for the supervision of such works.
1. The following technical
manuals and standards attached to this Law are hereby adopted:
a.
the Traffic Impact Studies Manual of 1999 attached to
this Law as Annex (1); and
b.
the Trip Generation and Parking Rates Manual of 1999 attached
to this Law as Annex (2).
2. The Chairman of the Board of Directors may make any
necessary amendments to the technical manuals and standards mentioned in paragraphs (1)(a) and (1)(b) of this Article.
The RTA will introduce the
following fees:
a. a "Traffic Model
Fee" in the amounts specified in Schedule (1) attached to this Law;
b. a "Traffic Impact Study Revision Fee” as approved by the Chairman
of the Board of Directors; and
c. a "Study, Design, and
Implementation Supervision Fee" as approved by the Chairman of the Board
of Directors.
In the event of any
violation of the provisions of this Law, the measures and penalties prescribed
in Schedule (2) of this Law will be imposed
pursuant to a resolution of the Executive Director of the RTA. The resolution will also determine the rules and procedures
for imposing such penalties.
Fees and fines collected pursuant to this Law will be
paid to the RTA.
The Chairman will issue the bylaws required
for the implementation of the provisions of this Law.
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 8 March 2006
Corresponding to 8 Safar 1427 A.H.
|
SN |
Number
of Trips Generated by the Project during Peak Hours |
Fees
for Obtaining and Using the Traffic Model (in Dirhams) |
|
1 |
Less
than 500 trips |
10,000.00 |
|
2 |
From
501 to 3,000 trips |
20,000.00 |
|
3 |
From
3,001 to 5,000 trips |
30,000.00 |
|
4 |
From
5,001 to 10,000 trips |
50,000.00 |
|
5 |
From
10,001 to 20,000 trips |
100,000.00 |
|
6 |
More
than 20,000 trips |
150,000.00 |
|
SN
|
Violation |
Measures/
Fines |
|
1 |
Failure
to use the approved Traffic Model when preparing the study |
Order
the Beneficiary to re-conduct the study using the approved Traffic Model |
|
2 |
Non-compliance
with the relevant technical manuals and standards, or preparation of the
study by a consultant not accredited by the RTA |
Order
the Beneficiary to re-conduct and re-submit the study as prescribed by the RTA |
|
3
|
Failure
to pay the fees prescribed under Article (12) of this Law |
Order
the Beneficiary to pay due fees plus a delay fine of ten percent (10%) per
month |
|
4 |
Provision
of inaccurate information in a manner that leads to underestimation of the
total number of Generated Trips |
Order
the Beneficiary to pay the prescribed fees based on the actual number of Generated
Trips, to amend the study and the proposed solutions, and to pay five
thousand Dirhams (AED 5,000.00) for every one hundred (100) undeclared trips.
The fine must not be less than five thousand Dirhams (AED 5,000.00) or more
than one hundred fifty thousand Dirhams (AED 150,000.00) |
|
5 |
Obtaining
a construction permit for the whole or part of the concerned project before obtaining
the RTA approval of the Traffic Impact Study. Both the Beneficiary and the
consultant who has designed the project will be held responsible for this
violation |
(1)
Suspend the construction
permit and order the Beneficiary to conduct the study and implement its
outcomes as approved by the RTA; and (2)
Suspend or revoke the
consultant's professional licence. |
|
6 |
Failure
to pay to the RTA the costs payable in respect of the project |
Confiscate
the bank guarantee, order the Beneficiary to pay a delay fine of five percent
(5%) of the due amount per month, and suspend the issuance of any other licences
for the projects and works belonging to the Beneficiary until the violation is
remedied |
|
7 |
Failure
to implement the Traffic Solutions as per the plans and designs approved by
the RTA within the time frame specified for its implementation |
Order
the Beneficiary to pay a delay fine of five percent (5%) of the cost of
Traffic Solutions per month, implement the Traffic Solutions, and hold the
Beneficiary liable for all relevant costs |
|
8 |
Failure
to comply with approved plans and designs when implementing Traffic Solutions |
Order
the Beneficiary to modify the Traffic Solutions to comply with the approved plans
and designs, and to pay a fine of ten percent (10%) of the cost of
implementation of the modifications |
©2017 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.