Allowing commercial exploitation of the road sanctuary and space without disrupting public services

Hamdan bin Mohammed issues a decision regulating work on the roadside sanctuary in Dubai

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His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Executive Council of the Emirate of Dubai, issued Council Resolution No. (54) for the year 2021 regarding the organization of work on the road in the Emirate of Dubai.

The decision defines the functions of the Traffic and Roads Agency of the Roads and Transport Authority, as it undertakes the supervision and control of the right-of-way and the protection areas defined by the resolution as the area surrounding some parts of the right-of-way. The assets of the Authority and the vital facilities belonging to it.

According to the decision, it is prohibited for any person to work in the road sanctuary or the protection area before obtaining a no-objection certificate or permit, as the case may be, and governmental authorities may, in emergency cases, work or carry out works in the road sanctuary before obtaining the NOC or the permit, provided that the institution is notified Traffic and roads shall do this within 24 hours from the start of work. The Director General and Chairman of the Board of Directors of the Authority shall specify, by a decision issued in this regard, the standards and conditions of emergency cases.

The decision stipulates the necessity to implement all works and occupancy within the precincts of the road, in accordance with the technical and planning conditions, standards and specifications, as well as the requirements and standards related to health and public safety approved by the competent authorities, in addition to the conditions and requirements stipulated in this decision and the decisions issued and approved by the Traffic Authority under the authority. Roads and transportation in this regard, and the decision also required the implementation of all works within the precincts of the road by one of the contractors and consultants approved by the Roads and Transport Authority, with the exception of government agencies that may carry out all works within the precincts of the road by their own devices or through service providers contracted with them.

Building owners and building contractors may carry out paving and paving works in front of buildings adjacent to the road sanctuary, provided that they comply with the technical specifications approved by the Roads and Transport Authority, obtain a no-objection certificate, and obtain the approval of the competent authorities in the cases that require this.

According to the decision, it is prohibited for any person to occupy the sidewalk before obtaining a permit to do so from the Traffic and Roads Corporation, and governmental authorities may, in emergency cases, occupy the sidewalk before obtaining the permit, provided that the Agency is notified of this within 24 hours from the start of implementation of the works, and the Director General and Chairman of the Board of Directors specify The Authority, by a decision issued in this regard, shall have the criteria and conditions for emergency cases.

The Director General of the Roads and Transport Authority and the Chairman of the Board of Directors or his representative shall also specify the sites and areas authorized to be occupied from the sidewalk, the technical requirements for such occupancy, and the requirements for obtaining the permit, provided that pedestrian traffic is not obstructed, or government services are disrupted by public authorities. Or breaching the planning requirements, requirements and standards related to health and public safety approved by the competent authorities in this regard.

The resolution stipulates that the permit period shall be for one year, renewable for similar periods, and the permit may be issued for a period of less than one year, in cases that require it, in accordance with the conditions and procedures approved by the Director General of the Authority and the Chairman of the Board of Directors by a decision issued by him in this regard, and the fee due is determined The permit whose period is less than one year shall divide the value of the annual fee for the required permit over the permit period, in a proportional manner, provided that the fee in all cases is not less than 1,000 dirhams. Executing its services in the locations and spaces authorized to be occupied.

The decision prohibits any person from commercially exploiting the road precinct and the space of the road precinct, without obtaining the prior approval of the Roads and Transport Authority, provided that the Director General and Chairman of the Board of Directors of the authority or his representative specify the sites and spaces authorized to be occupied in the road precincts and the space of the road precincts for commercial use. As well as the technical requirements for these occupancy, and the requirements for obtaining the approval of the Authority, taking into account that this does not obstruct the passage of pedestrians, or disrupt the public services provided by government agencies, or violate the planning requirements, requirements and standards related to the public health of the competent authorities and in this matter.

The commercial exploitation of the road sanctuary and the space of the road sanctuary is regulated in accordance with the legislation in force, according to a contract between the authority and the exploiting party, provided that this contract includes the type of exploitation, its duration, the rights and obligations of its two parties, and this contract is concluded in accordance with the terms and procedures that are approved by the authority in this matter by a decision issued by the authority. In coordination with the Department of Finance in Dubai.

The decision stipulated that without prejudice to the powers of the Dubai Police established under the applicable legislation, and with the exception of emergency cases determined by the decisions issued in implementation of this decision, it is prohibited to park vehicles on the precincts of the road in a way that poses a threat to the safety of road users, in violation of the legislation, or in violation of the legislation. The Roads and Transport Authority may take the necessary measures to lock, remove and impound the violating vehicles and demand the violator to pay the fines and the expenses of unlocking, removing and impounding, in addition to (25%) of these expenses as administrative expenses, and the Authority’s assessment of these expenses is final.

In the event that the vehicle is not seized, it will be disposed of in accordance with the rules and procedures stipulated in Law No. (23) of 2015 regarding the disposal of impounded vehicles in the Emirate of Dubai.

The resolution specified among its articles the obligations of the person authorized to occupy the right of way, and the consultant charged with supervising the work specified in the permit or no-objection certificate, as well as insurance procedures, and the responsibility of the person who caused the damage to compensate for all damages to the assets of the Roads and Transport Authority, and the value of compensation for damages to the assets of the The Authority according to the original cost of the damaged parts or the cost of repair or replacement and all the consequent expenses, in addition to its percentage (25%) of these expenses as administrative and supervisory expenses, and the Authority’s assessment of the amount of compensation is final.

Under the new decision, Regulation No. (1) of 2006 regarding the occupancy of road sidewalks and external plazas for buildings and commercial stores in the Emirate of Dubai, Regulation No. (4) of 2009 regulating work on the roadside precincts in the Emirate of Dubai, and Executive Council Resolution No. (18) of 2012 shall be cancelled. By approving the fees for using the backup service lines that extend under public roads, and any provision in any other decision shall be repealed to the extent that it contradicts the provisions of this decision.

Provided that the regulations and decisions issued in implementation of the aforementioned legislation continue to be applied to the extent that they do not conflict with the provisions of the new decision, until the issuance of the regulations and decisions that replace them.

This decision shall be published in the Official Gazette, and shall come into force 90 days after the date of its publication.

Cancellation and modification

In accordance with the decision, the Traffic and Roads Agency of the Roads and Transport Authority may, in accordance with the requirements of the public interest, planning regulations, traffic safety and preservation of the general appearance of the Emirate, cancel the permit or the No Objection Certificate or amend any of them. In coordination with the Department of Finance in Dubai, return part of the fee paid to the authorized person, equivalent to the remaining period of the permit or the No Objection Certificate in the event of its cancellation or modification.

The decision also authorized the Roads and Transport Authority to cancel or amend the contract for the commercial exploitation of the road sanctuary and the space of the road sanctuary or occupancy of sidewalks, and the contracting party does not have the right to object to this cancellation or amendment, provided that the authority, in coordination with the Department of Finance, returns what is equivalent to the value of the remaining period of the contract in case Cancel it or return what corresponds to the effect of the amendment.

Complaints and Cancellations

Any interested party may submit a written grievance to the Director General and Chairman of the Board of Directors of the Authority, of the decisions, procedures, penalties, or measures taken against him pursuant to this resolution, within 30 days from the date of his notification of the aggrieved decision, procedure, penalty, or measure, and this grievance shall be decided within 30 days from the date of referring the grievance to the committee formed by the Director General and the Chairman of the Board of Directors of the Authority for this purpose, and the decision issued by the committee regarding this grievance shall be final.

Black list

The decision stipulated that a special register of authorized persons shall be established at the Traffic and Roads Agency of the authority, called the “black list”, whose contents and the mechanism for calculating and erasing black points in it, and the effect of calculating them, shall be determined in accordance with a decision issued by the Director General of the Authority and the Chairman of the Board of Directors in this regard. The Traffic and Roads Agency of the Roads and Transport Authority may, at the request of an authorized person who has not been included in the blacklist, agree to erase no more than 20 black points per year, in return for paying an amount of 30,000 dirhams for each point, and this approval is issued in accordance with the conditions And the procedures to be determined by a decision of the Director General of the Authority in this regard.

• “Dubai Roads” is the body entrusted with supervising and controlling the right-of-way and protection areas in the emirate.

• Determining the sites and areas authorized to be occupied from the sidewalk, and the technical requirements for them, taking into account not to obstruct the passage of pedestrians.

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