Law
No. (7) of 2015
Concerning
Airspace
Safety and Security 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.
(3) of 1987 Issuing the Penal Code and its amendments;
Federal Law No.
(20) of 1991 Issuing the Civil Aviation Law;
Federal Law No.
(4) of 1996 Establishing the General Civil Aviation Authority and its
amendments;
Law No. (3)
of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (35) of 2009 Concerning Management of
the Public Funds of the Government of Dubai and its amendments;
Law No. (19) of 2010 Concerning the Dubai
Civil Aviation Authority;
Law No. (13) of 2011 Regulating the Conduct of
Economic Activities in the Emirate of Dubai;
Local Order No. (30) of 1986 Concerning
Control of Advertisements in the Emirate of Dubai and its Implementing Bylaw;
Local Order No. (2) of 1999 Classifying and
Regulating Land Use in the Emirate of Dubai and its amendments; and
Local Order No. (3) of 1999 Regulating
Construction Works in the Emirate of Dubai and its amendments,
Do hereby issue this Law.
This Law will be cited as “Law No. (7) of 2015
Concerning Airspace Safety and Security in the Emirate of Dubai”.
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. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
DM: |
The Dubai Municipality. |
|
DCAA: |
The Dubai Civil Aviation Authority. |
|
Director General: |
The director general of the DCAA. |
|
Airspace: |
The portion of the atmosphere extending vertically
and horizontally above the territory of the Emirate. |
|
Airspace Safety: |
The procedures taken by the DCAA to ensure Airspace
safety in accordance with the relevant recognised international standards. |
|
Air Route: |
The air route taken by an aircraft from taking off
to landing on the runway. |
|
Heliport: |
A demarcated area whose coordinates are defined through
signs, whether located on the ground or installed on top of buildings, on marine
platforms, or on ships, which is designated for the safe landing and take-off
of helicopters, and which meets all standards of the International Civil Aviation
Organisation. |
|
Warning Light: |
Lights and light systems installed on Towers and Facilities
for the purpose of warning aircraft in accordance with the relevant
recognised international standards. |
|
Airport: |
A demarcated area on the ground, on a rooftop, or on
a water body, including the buildings, equipment, and Facilities wholly or
partly designated for aircraft landing, take-off, or taxiing. |
|
Towers: |
Poles, aerials, and similar structures used in
telecommunication and microwave systems. |
|
Facilities: |
Buildings, cranes, signboards, and their appurtenances
which cause height increase within the Airspace. |
|
Profession: |
Any civil aviation-related activity conducted by a
natural or legal person, including but not limited to training, preparation
of air safety studies, tourist and recreational aviation, sports aviation,
providing Aerial Advertisements, flying balloons, conducting advertising
flights, aerial insecticide spraying, and similar activities. |
|
Navigation Easement: |
Any restriction imposed on real property adjacent to
Airports or facing Air Routes, for the purpose of maintaining air safety and
efficiency of Airport equipment. |
|
Aerial Advertisements: |
Advertisements using aircraft or balloons, whether by
carrying or dropping advertising material or any other relevant method. |
|
Laser: |
A device which converts energy from various sources
into an electromagnetic beam. |
This Law will have the objectives to:
1. maintain Airspace Safety and security for air
traffic in the Emirate in accordance with the international standards recognised
by the International Civil Aviation Organisation and the UAE General Civil
Aviation Authority;
2.
regulate civil aviation-related activities and Professions;
3.
efficiently use the Airspace of the Emirate; and
4.
prohibit activities and acts that may compromise the safety of aircraft,
Airports, and Facilities for monitoring air navigation.
Without prejudice to the provisions of the conventions and
treaties to which the UAE or the Emirate is a party, and of federal civil
aviation legislation, and for the purpose of achieving the objectives of this
Law, the DCAA will
have the duties and powers to:
1. supervise and approve all safety and security
procedures for Airport facilities and systems in the Emirate;
2.
supervise
and approve the modification and upgrade of navigation equipment in accordance
with international and local legislation, and international best practices;
3.
in
coordination with the concerned entities in the Emirate, determine the
requirements and specifications necessary for the construction of Heliports;
4.
determine
the requirements and specifications necessary for the provision and
installation of Warning Lights on Towers, Facilities, and Heliports;
5.
determine
areas for recreational and sports aviation activities, gliding, aerial
photography, aerial survey, and similar activities;
6.
determine
the requirements for the use of Laser, pyrotechnic
displays, sky trackers, drones, and similar devices which may compromise Airspace
Safety and security; and determine places where these devices may be used;
7.
inspect
Towers, Facilities, Heliports, Warning Lights, and any activities or acts
which may compromise Airspace Safety and security;
8.
inspect
and monitor all civil aviation activities and persons practising the Profession; and
9.
determine acts
which constitute a danger to Airports, air navigation Facilities, aircraft, passengers,
and air traffic.
No natural or legal person may breach
any legal duty, or perform any act or activity which may compromise Airspace Safety
and security in the Emirate in any manner whatsoever.
a.
Any
person who wishes to practise the Profession in the Emirate must first obtain an
authorisation from the DCAA. Such authorisation will be issued in accordance
with the requirements and procedures determined by a resolution of the Director
General.
b. The authorisation referred to in paragraph (a) of
this Article will be valid for a period of one (1) year renewable for the same period.
c.
A person who practises the Profession and wishes to renew
his authorisation must submit a renewal application to the DCAA thirty (30)
days prior to expiry of the authorisation.
The obligations of a person who practises the Profession in the Emirate will be
determined pursuant to a resolution issued in this respect by the Chairman of
the Executive Council.
a.
In
agreement with the DM, the DCAA may create Aviation Easements and determine their scope and the areas in
which they are applicable in accordance with maps and plans approved by the
Director General and the director general of the DM. Such maps and plans must
be published in the Official Gazette of the Government of Dubai.
b. Subject to the legislation in force, in agreement
with the DM and the Competent Entities in the Emirate, and pursuant to the Aviation Easement, the DCAA may:
1.
prohibit the construction of Towers or Facilities, the
conduct of any activity, or the variation of land use in a manner that affects the
relevant Aviation Easements or compromise Airspace Safety;
2.
prohibit the construction of or remove buildings,
Facilities, or any obstacles whatsoever that may exist in areas adjacent to or
facing Airports existing in the Emirate or buildings housing air navigation
equipment.
c.
Activities
conducted in Aviation Easement areas may not
be varied without first obtaining the relevant approval of the DCAA.
Competent Entities regulating construction
works in the Emirate, including Special Development Zones, and free zones such
as the Dubai International Financial Centre, may not issue permits for the construction
or elevation of buildings in excess of the heights prescribed in approved
planning and construction regulations in Aviation Easement areas without first
obtaining the relevant approval of the DCAA.
The DCAA may restrict or ban aircraft flights
in any area for reasons related to Airspace Safety and security.
In return for issuing authorisations and
providing the services prescribed in this Law and the resolutions issued in
pursuance hereof, the DCAA will charge the fees determined in a resolution
issued by the Chairman of the Executive Council.
a.
Without
prejudice to any stricter penalty stipulated in any other legislation:
1.
a person who
compromises Airspace Safety in the Emirate in any manner whatsoever will be
punished by imprisonment, a fine, or by both penalties.
2.
a person who
violates any of the provisions of this Law, or the resolutions issued in
pursuance hereof will be punished by a fine of not less than one thousand
Dirhams (AED 1,000.00), and not more than one hundred thousand Dirhams (AED 100,000.00).
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 million Dirhams (AED 1,000,000.00). The Chairman of the Executive
Council will determine prohibited acts and their corresponding fines that must
be imposed upon violators in a resolution he issues in this respect.
b.
In
addition to the fine referred to
in paragraph (2)(a) of this Article, the DCAA may take one or more of the
following measures against a violator:
1.
warning;
2.
suspension of
practice of the Profession for up to six (6) months; and/or
3.
revocation of
authorisation.
c.
The DCAA may,
upon a written request submitted to it by an authorisation holder whose
authorisation is revoked, and in accordance with the procedures and rules
adopted by the DCAA in this respect, issue him a new authorisation after the lapse of one (1) year from the date of revocation.
The DCAA may, in coordination with concerned Government
Entities in the Emirate, order a violator to take all necessary actions to
remedy, within the grace period it determines, a violation which compromises
Airspace Safety and security. Where the violator fails to remedy the violation
within the prescribed grace period, the DCAA may remedy the violation and order
the violator to pay all relevant costs it incurs, in addition to twenty percent
(20%) of such costs as administrative fees. The DCAA will assess such costs,
and its assessment will be final.
Any affected party may submit a written grievance to
the Director General against the decision, procedure, or measure taken against
him under this Law and the resolutions issued in pursuance hereof within thirty
(30) days of being notified of the contested decision, procedure, or measure.
The grievance will be determined, within thirty (30) days from the date of its
submission, by a committee formed by the Director General for this purpose, and
the decision on the grievance will be final.
Proceeds of the fees, fines,
and other charges collected pursuant to this Law and the resolutions issued in
pursuance hereof will be paid to the Public Treasury of the Government of
Dubai.
For the purposes of
implementing the provisions of this Law and the resolutions issued in pursuance
hereof, the DCAA may seek
assistance from Government Entities in the Emirate, including police personnel.
These entities must, whenever requested, provide such assistance to the DCAA.
The DCAA will not be liable to third parties for
any damage they may sustain as a result of practice of the Profession by an
authorisation holder.
Any person who practises the Profession by the
effective date of this Law must comply with the provisions of this Law within a
period not exceeding six (6) months from its effective date. The Director
General may, where required, extend this grace period.
The Director General will issue the resolutions
required for the implementation 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 11 April
2015
Corresponding
to 22 Jumada al-Thaniyah 1436 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.