Administrative Resolution No. (2) of 2024
Concerning the Technical Inspection of
Vessels in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
The Executive Director of the Dubai Maritime
Authority,
After perusal of:
Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate
of Dubai;
Law No. (3) of 2023 Concerning the Dubai Maritime Authority;
Executive Council Resolution No. (11) of 2013 Issuing the Implementing
Bylaw of Law No. (11) of 2010 Concerning the Licensing of Vessels in the
Emirate of Dubai and its amendments; and
Administrative Resolution No. (3) of 2023 Concerning the Rules,
Conditions, and Procedures Regulating the Navigation of Visiting Vessels in the
Emirate of Dubai,
Does hereby issue this Resolution.
The
following words and expressions, wherever mentioned in this Resolution, will
have the meaning indicated opposite each of them unless the context implies
otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
DMA: |
The Dubai Maritime Authority. |
|
Executive Director: |
The executive director of the DMA. |
|
Waters of the Emirate: |
The waters of the Emirate lying between the Dubai-Sharjah border and
the Dubai-Abu Dhabi border and extending to the exclusive economic zone,
including the internal waters of the Emirate and all ports, marinas, canals,
and waterways. |
|
Vessel: |
A vessel of any type or structure operated on the Waters of the
Emirate to transport persons or Goods for personal, commercial, sports, or
tourism purposes. |
|
Visiting Vessel: |
Any of the foreign Vessels, of all types and sizes, that navigate the Waters
of the Emirate for the purpose of tourism, maintenance, bunkering, obtaining
supplies, or participation in maritime exhibitions; or for any other purpose. |
|
Maritime Safety: |
A set of rules, measures, procedures, and methods that ensures the
safety of lives and property within the Waters of the Emirate by regulating
navigation routes and their safe operation; and ensuring that Vessels are
provided with personal, professional, and first aid equipment; rescue and
survival equipment; and fire detection and fire-fighting equipment. |
|
Classification Society: |
Any local or international entity authorised and accredited by the
competent entities to establish the technical specifications and standards
required for the inspection and classification of Vessels; and to issue
certificates confirming that Vessels are designed, built, and maintained as
per the relevant mandatory conditions and requirements, and that they have
passed their operational and efficiency tests in line with maritime
navigation rules with a view to ensuring Maritime Safety. |
|
Permit: |
A document issued by the DMA authorising a Vessel to navigate within
the Waters of the Emirate. |
|
Technical Inspection: |
A process conducted by the DMA or any other entity authorised by it,
using the Technical Inspection methods stipulated in Article (3) hereof, to
ensure that the structure and hull of a Vessel are
free from any defects that may compromise its ability to navigate the Waters
of the Emirate; and to verify that the communication tools and Maritime
Safety equipment on board the Vessel are in a good working condition. |
|
Technical Inspection
Certificate: |
A document issued by the DMA certifying that a Vessel meets the
Technical Inspection standards and requirements stipulated in this Resolution
and in the Manual. |
|
Manual: |
A document approved by the DMA and published on the Electronic System,
which includes the standards, requirements, and specifications that a Vessel
must meet to pass the Technical Inspection. |
|
Owner: |
A natural or legal person who owns a Vessel, or his legal
representative. |
|
Marine Inspector: |
A DMA employee, or any other natural person, authorised by the DMA to
inspect Vessels. |
|
Electronic System: |
The electronic platform of, and the smart applications adopted by, the
DMA, which are used to process Vessel inspection, registration, and licensing
applications. |
a.
No application for a new
Vessel Permit, or for the renewal or amendment of an existing Vessel Permit, may
be submitted without first obtaining the Technical Inspection Certificate.
b.
For the purpose of
obtaining the Technical Inspection Certificate, and depending on the category,
type, and size of the Vessel, an Owner must fulfil the following requirements and
procedures:
1. A Technical Inspection Certificate application must be submitted,
through the Electronic System, on the form prescribed by the DMA for this
purpose. The application must be supported by the following documents:
a. for the Vessels to which the GCC Safety Regulations apply, a copy of the
certificates stipulated in these regulations attested by a Classification
Society;
b. for the Vessels to which the UAE Yacht Regulations apply, a copy of the
certificates stipulated in these regulations attested by a Classification
Society;
c. a copy of the relevant certificates confirming that the crew of the
Vessel meets the Minimum Safe Manning conditions and requirements
prescribed by the DMA;
d. a copy of the certificates and data sheets, attested by a Classification
Society, confirming that the tools and equipment on board the Vessel are in a
good working condition; and
e. any other requested documents, as published on the Electronic System.
2. Where the number of Passengers permitted on board the Vessel exceeds
twelve (12), a stability booklet attested by a Classification Society must be
provided.
3. Marine navigation equipment; communication tools; Maritime Safety and
rescue equipment; and fire detection and fire-fighting equipment must be
available on board the Vessel, as prescribed by the Manual.
4. Marine pollution control equipment must be available on board any Vessel
transporting petroleum by-products, as prescribed by the Manual.
5. The Vessel and its on-board equipment and tools must pass the operating
and Maritime Safety tests stipulated in the Manual.
6. The fees prescribed by the DMA for issuing the Technical Inspection
Certificate must be paid.
7. The DMA will consider the Technical Inspection Certificate application
and all mandatory documents; will verify that all required equipment is on board the Vessel; and will conduct
Technical Inspection to verify that the Vessel meets all relevant standards and
requirements for obtaining the Technical Inspection Certificate.
8. The DMA will issue the Technical Inspection Certificate within one (1)
working day after verifying that all requirements are met.
9. Where the Vessel fails to meet the requirements for issuing the
Technical Inspection Certificate, the DMA will grant the applicant a grace
period not exceeding sixty (60) days to address any observations made by the
DMA and have the Technical Inspection re-conducted. In that case, no additional
fees will be charged for re-inspection.
The
Technical Inspection of a Vessel will be conducted using any of the following
methods:
1. Technical Inspection
Declaration
This method will be used for brand-new Vessels. In that case, the
commercial agency will
provide a Technical Inspection declaration on the electronic form
prescribed by the DMA for this purpose.
2. Conventional Technical
Inspection
This method will be used for non-brand-new Vessels of any type, size, or
category. In that case, a Marine Inspector will conduct a field inspection of
the Vessel.
3. Technical Self-inspection
This method will be used for Vessels that are intended for recreational
and sports purposes and whose length does not exceed twelve (12) metres. In that
case, the Owner will take photos or make videos of the Vessel and submit the
same to the DMA through the Electronic System, as per the relevant rules
prescribed by the DMA.
4. Remote Technical Inspection
This method will be used for the Vessels determined by the DMA. In that
case, the inspection is conducted through live videoconferencing with the
Marine Inspector, and using unmanned aircraft where possible.
a.
Prior to issuing a Navigation Permit or an Operation Permit to a Visiting Vessel
under the above-mentioned Administrative Resolution No. (3) of 2023, a
Technical Inspection Certificate must be issued by the DMA to that Vessel based
on an inspection using the Technical Inspection method determined by the DMA
for this purpose.
b.
Notwithstanding the
provisions of paragraph (a) of this Article, the DMA may deem any of the
following documents sufficient for the purposes of issuing a Technical Inspection Certificate to a Visiting Vessel:
1.
a certificate issued by the
country of registration of the Visiting Vessel stating that it is seaworthy and
free from any defects that may compromise Maritime Safety, in accordance with
the technical specifications and requirements adopted by that country; or
2.
a certificate issued from a
Classification Society stating that the Visiting Vessel is seaworthy and free
from any defects that may compromise Maritime Safety.
b.
Where the term of a Vessel licence
exceeds one (1) year, the Technical Inspection Certificate must be renewed at
the end of each year of the term of the licence.
A Marine
Inspector must:
1. be of full capacity and of good character and repute, and not have been
convicted of any felony or other crime affecting honour or trustworthiness,
unless he has been rehabilitated;
2. pass the prescribed medical tests;
3. be fully acquainted with maritime treaties, codes, and bylaws; and with
all relevant legislation;
4. hold any of the following qualifications:
a. a ship master’s certificate or chief marine engineer certificate;
b. a first marine officer certificate or second marine engineer
certificate, with no less than one (1) year of work experience;
c. a second marine officer certificate or third marine engineer
certificate, with no less than two (2) years of work experience;
d. a bachelor’s degree in marine engineering, with no less than two (2)
years of work experience;
e. a bachelor’s degree in mechanical engineering, with no less than two (2)
years of work experience; or
f. an accredited certificate in marine inspection or Maritime Safety, with
no less than three (3) years of work experience.
A Marine
Inspector must:
1. comply with the bylaws and regulations applicable to the DMA and with the relevant legislation in force in the Emirate;
2. conduct or supervise the Technical Inspection of Vessels using the
Technical Inspection methods prescribed by Article (3) hereof;
3. verify that Vessels meet the technical requirements and conditions
prescribed by this Resolution and the Manual for issuing Technical Inspection
Certificates;
4. prepare detailed reports on the condition of the Vessels subject to
Technical Inspection. These reports must contain the following details:
a. the name of the Vessel or the number assigned to it by the DMA, the
competent entity in the United Arab Emirates, or the International Maritime
Organisation (IMO);
b. the call sign of the Vessel;
c. the number of crew members of the Vessel, and their professional
details;
d. the technical condition of the hull and engines of the Vessel;
e. the technical condition of the marine navigation equipment;
communication tools; and safety and rescue equipment on board the Vessel; and
f. the technical condition of the fire detection and fire-fighting
equipment on board the Vessel, if any.
In
special and justifiable cases as dictated by the public interest, the DMA may,
in accordance with the rules established by the Executive Director in this
respect, exempt a Vessel from any of the Technical Inspection requirements
stipulated in this Resolution, provided that this exemption does not compromise
Maritime Safety or the marine environment within the Waters of the Emirate.
The
penalties and measures stipulated in the above-mentioned Executive Council
Resolution No. (11) of 2013 will be imposed on any person who violates the
provisions of this Resolution.
Any
provision in any other administrative resolution is hereby repealed to the
extent that it contradicts the provisions of this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
thirty (30) days after the day on which it is published.
Dr. Saeed bin Ahmed bin Khalifa Al Maktoum
Executive Director
Dubai Maritime Authority
Issued in Dubai on 30 January 2024
Corresponding to 18 Rajab 1445 A.H.
©2024 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.