Kahlifa Bin Zayed Al nahyan, Ruler of Abu Dhabi LAW No. 5 of 2008 in Amendment of Some provisions of Law No. 4 of 2006 Concerning Establishing the Department of Transport I, Khalifa Bin Zayed Al Nahyan, Ruler of the Emirate of Abu Dhabi After perusal of Law No 1 of 1974 concerning reorganization of the governmental structure of the Emirate of Abu Dhabi, as amended; - Law No. 2 of 1971 concerning the National Consultative Council, as amended; - Law No. 4 of 2006 concerning the Establishment of Department of Transport; - Law No. 19 of 2006 concerning the Regulation of Transportation Via Taxis in the Emirate of Abu Dhabi; - Law No. 9 of 2007 concerning the Establishment of Department of Municipal Affairs; - Law No. 10 of 2007 concerning Abu Dhabi Municipality and Municipal Council of the Emirate of Abu Dhabi; - Law No. 11 of 2007 concerning Al Ain Municipality and Municipal Council in the Emirate of Abu Dhabi; - Federal Law No. 26 of 1981 concerning Marine Commercial Law, as amended; - Federal Law No. 19 of 1993 concerning the Definition of Sea Zones of the United Arab Emirates; and As per the submittals approved by the Executive Council; 1
Hereby We issue the following Law: Article One The following definitions shall be added to the definitions of Article (1) of Law no. 4 of 2006 concerning the Establishment of Department of Transport: Public Transportation: Includes all means of mass transport for individuals and goods including buses, trains, metros, all trailers that move on railways, ferries, taxis and buses in addition to the supporting infrastructure such as vehicles, stations/stops/shelters, pavements, control centers, maintenance workshops, depots, and its dedicated lines and routes. Main Roads: Includes all main roads classified as such according to the Emirate s road classification agreement as endorsed by the Executive Council, in addition to the related bridges, tunnels, intersections and traffic control mechanisms. Article Two The following provisions shall replace and substitute the provisions of Article 2 (2) Article 3 and Article 4 of Law no. 4 of 2004, as follows: Article 2, paragraph 2: The Department shall be the responsible entity for economic overseeing and supervision of the sectors of aviation, airports, seaports, infrastructure, land, marine and public transportation services in accordance with the applicable legislations in the State and the Emirate. For this purpose, the Department is 2
entitled to issue the required regulations and decisions to ensure the proper work progress and regulate such sectors. Article 3 The Department shall aim at attaining the highest levels of safety, security, environmental protection and economic growth in the land, air and marine transport sectors in the Emirate. The Department shall also develop such sectors in cooperation with the specialized entities within the State and abroad, in accordance with the applicable legislations in this concern. Article 4 In order to attain the above aims, the Department shall: 1. Implement the general policy of the Emirate in the sectors of land transportation, marine transportation, aviation, and such policies related to public transportation and main roads; 2. Prepare and supervise the execution of comprehensive transportation strategic plans, as well as programs and projects for developing the facilities, systems and networks of the main roads and public transportation sectors, in coordination with the concerned entities and companies within or outside the Emirate. 3. Supervise the design, establishment, management and operation of effective and comprehensive land transportation systems, including the main roads, and public transportation networks and their supporting facilities, in order to achieve the best levels of service, safety and environmental protection. 3
4. Suggest the establishment of governmental or quasi-governmental centers, establishments or companies to which some of the authorities and responsibilities shall be assigned provided the establishment of the same shall be pursuant to a decision from the Executive Council. It is also permissible to assign some economic activities to private companies. 5. Study and propose legislations and policies related to the Department s objectives, for improving the effectiveness and efficiency of performance, and the safety level of public transport systems and main roads networks and related facilities. The Department shall submit such proposed legislations and policies to the Executive Council for approval. 6. Study and propose tariffs, fees and fines for the use of main roads networks and related facilities and public parking lots, means of public transportation and all forms of for-hire vehicles. Study and propose tariffs, fees and fines for the licensing of public transportation vehicles, drivers and routes, in order to serve the strategic and operational objectives of the transport sector. The Department shall submit such proposed tariffs, fees and fines to the Executive Council for approval. 7. License the routes, operators, fleets and systems of public transportation. 8. Monitor the compliance of operators and providers of public transport services and main roads networks with the provisions of the concluded agreements in this concern. 4
9. Study and propose the privatization of transport services that are under the supervision of the Department in accordance with the applicable policies in the Emirate. 10. Record and count the features of public transport, passengers, main roads and traffic in the Emirate. 11. Oversee the implementation of laws, rules and regulations that are issued by international and regional civil aviation and marine transportation authorities in order to keep up with the trend of international civil aviation, for the attainment of safety and security of aviation. 12. Implement the provisions and regulations related to aviation rights and the bilateral and multilateral agreements, which agreements may be concluded with other countries and parties in the areas of marine and air transportation. 13. Monitor the implementation of international standards and recommended practices which are related to facilitation, in accordance with Annex 9 of the Convention on International Civil Aviation as well as the recommendations of the Facilitation Committee in its various sessions. 14. Record and count air traffic in the Emirate in accordance with the approved international statistical standards and systems. 15. Promote competitiveness and prevent monopolization by entities that have been granted franchises or to which the management of public transportation 5
services in the Emirate has been assigned. Supervise these entities compliance with the contracts concluded with them. 16. Present and propose recommendations to the Executive Council concerning development projects for the infrastructure and air and marine transportation sectors in the Emirate. 17. Cooperate with regulatory entities and international and regional navigation authorities to keep up with the developments in the fields of aviation and marine transportation. 18. Monitor the adherence of ships to the provisions of international agreements to which the State is a signatory, concerning international and regional marine systems, especially concerning safety of life and prevention of pollution. 19. Record and count the movement of vessels & goods in ports in the Emirate according to the approved statistical specifications and methodologies. 20. Regulate and monitor land, air and marine transportation sectors in the Emirate. 21. Monitor and resolve complaints submitted by users or providers of transportation services in the Emirate in accordance with regulations and rules applicable in the Department. 22. Any other subject matter assigned to the Department by the Executive Council. 6
Article Three A new article under number (6) bis shall be added to the Law No. 4 of 2006 referred thereto, which stipulates: - The Department shall assume the duties of the Department of Municipality Affairs concerning the sectors of main roads and general land transportation services along with assets thereof within a maximum period of one year as of the date of enforcing this Law. - The Chairman of the Department shall issue a decree to specify and transfer the staff of the abovementioned sectors to the Department with the same benefits thereof. Article Four This Law shall be published in the Official Gazette and shall come into force as of the date of publication thereof. Khalifa Bin Zayed Al Nahyan Abu Dhabi Ruler Issued in Abu Dhabi on: Date: 24 Feb. 2008 Corresponding to: 17 Safar 1429 A.H. 7