Law No. (6) of 2018 Concerning the Establishment of the Department of Transport

Article 1 — In the implementation of the provisions of this Law, the following words and ¶

phrases shall have the meanings corresponding thereto unless the context
requires otherwise:
State : The United Arab Emirates.
Emirate : The Emirate of Abu Dhabi.
Executive
Council
: The Executive Council of the Emirate.
Department : The Department of Transport.
Transport
Sector
: The maritime sector, civil aviation sector and the
land transport sector in the Emirate, and their related
activities, infrastructure, systems and means of
transport.
Affiliates : The entities operating in the Transport Sector
affiliated to the Department and under its control and
supervision and are which are specified by a resolution
of the Executive Council.
Airports : Civil airports existing in the Emirate, and those that
may be established in the future.
Ports : Ports existing in the Emirate and any other ports that
may be established in the future except oil ports and
ports of the armed forces.

-- 46 of 160 --

46
Maritime
Sector
: The sector concerned with all marine activities and
affairs in the Emirate's waters, ships, navigational aids,
ports, waterways, facilities, berths, infrastructure,
licenses, permits, approvals, commercial activities,
safety, security and their associated environment.
Civil Aviation
Sector
: The sector concerned with all matters related to
civil aviation and related aspects, including but not
limited to the air transport (commercial and private),
air navigation, air operations, airports, training and all
related activities.
Emirate’s
Waters
: Waterways, canals, bodies of water and waters
surrounding the Emirate's islands, as well as inland
waters and coastlines within the Emirate’s borders.
Waterways : The water areas surrounding the islands, whether
natural or artificial, as well as the coasts close to the
beaches in the Emirate.
Ship : Any facility which usually operates, or is intended to
operate in maritime navigation regardless of its power,
cargo or the purpose of its navigation, irrespective
of its type or shape, whether being with or without
an engine, designated for the carriage of persons or
goods or for any other commercial, non-commercial,
sport, or tourism purposes, or for fishing, cruising or
being used for trade, including the floating houses.

-- 47 of 160 --

47
Maritime
Means of
transport
: Any boat, yacht, vessel, watercraft or any other mobile
and drivable maritime means of transport whatever its
purpose of use, which moves in the Emirate’s waters,
except for the internationally classified commercial
ships.
Land
Transport
Sector
: The sector concerned with all types of means of land
communication and transport, including traffic and
public transport, land and water means of transport,
means of transport of passengers, means of transport
of goods, the regulation of parking areas, weigh
stations, intelligent transport systems, activities,
infrastructure, facilities, services, logistics and assets,
and the related booking and distribution services,
including school transport, labours transport, tourism
transport, cycling and pedestrian routes, management
of congestion, mobility, safety, health and environment
related to the Sector.
Land
Transport
Means
: Any means intended for the transport of persons
and goods, whether being a vehicle, a bus, a truck, a
locomotive, a trailer, any mechanical vehicle, bicycle,
motorcycle, cart or any other device travelling on
roads by mechanical force or by any other means,
an amphibious vehicle or driverless vehicle, including
light and heavy vehicles, tractors, mechanical devices
of all types, as well as connected and autonomous
electric vehicles.

-- 48 of 160 --

48
Public
Transport
: Transport for individuals and their luggage by different
means of transport that are classified as means of
public transport, either being land or water transport
into and out of the Emirate, including transport
by bus, train, metro, tram and taxi. It also includes
supporting infrastructure such as passenger and
vehicle terminals, waiting stations, control centres,
loading docks, as well as the railway workshops, lines
and tracks.
Means of
Public Water
Transport
: Any means intended for the public transport of persons
and goods within the waters of the Emirate, including
but not limited to what is referred to as water bus or
water taxi.
Transport of
Goods
: It includes the transport of materials and live animals
by different means of transport designated for each
type of goods.
Roads : Lands allocated for road traffic, either paved or
unpaved, including all types of roads, inter alia roads
of maintenance and emergency, detours, bridges,
streets, tunnels, pathways and associated shoulders,
trenches, drains, sidewalks, pavements, safety
islands, roundabouts, squares, yards, sign boards,
lighting equipment, light signals, control devices and
their accessories, in addition to load-bearing walls
and their barriers.

-- 49 of 160 --

49
Weigh
Stations
: Stations for monitoring the weights of freight vehicles.
Intelligent
Transport
Systems
: Electronic, electrical and mechanical systems and
equipments installed on roads and means of transport
connected, via a wired and wireless telecommunication
network, to central computers containing software
that are managed through dedicated control centres
that monitor and analyse the traffic data and make
the necessary changes automatically to ensure the
continuity of operation. Such systems cover control
of traffic, transport network, accident management,
ensuring traffic flow and raising safety standards for
the road network and means of transport. They also
include electronic payment and collection systems
for the fees charged for transport, parking areas, road
use, as well as connected and autonomous electric
vehicles.
Section (2)
Establishment, Objectives and Competencies of the Department

Article 2 — • Pursuant to the provisions of this law, a department called "Department ¶

of Transport" shall be established and shall be the legal successor to the
Department of Municipal Affairs and Transport for the matters related to
the Transport Sector.
• All of the assets and properties of the Department of Urban Planning

-- 50 of 160 --

50
and Municipalities, as well as the rights and obligations related to said
Department, shall be transferred to the Department of Transport, upon
the approval of both the Chairman of the Department of Transport and
the Chairman of the Department of Urban Planning and Municipalities.
• All employees and staff of the Department of Urban Planning and
Municipalities, whose duties are related to the Transport Sector, shall be
transferred to the Department of Transport, upon the approval of both
the Chairman of the Department of Transport and the Chairman of the
Department of Urban Planning and Municipalities.

Article 3 — The Department aims at achieving the following: ¶

• Achieving the highest level of economic growth, service, safety and security
standards, environmental protection and technological development in
the Transport Sector in the Emirate.
• Achieving the optimal level in the fields of ship services, cargo handling
and storage, and keeping pace with the developments in the field of
maritime transport, in accordance with the applicable legislations and in
cooperation with the competent authorities in the State.

Article 4 — In order to achieve its objectives, the Department shall assume the following ¶

competencies:
1. Propose the strategic and implementing plans for the Transport
Sector in the Emirate, have them approved by the Executive Council
and supervise their implementation.
2. Follow-up the Affiliates’ undertaking to implement the strategic and

-- 51 of 160 --

51
implementing plans for the Transport Sector.
3. Monitor and supervise all the Affiliates’ such as their disbursements
from their budgets and their revenues earned, as well as their
commitment to their duties and competencies, and approve their
strategic and implementing plans.
4. Regulate the Transport Sector in all aspects through the development
of policies, standards, regulations, resolutions and implementing and
operational circulars for said Sector.
5. Monitor and supervise the Transport Sector in accordance with the
relevant legislations, conventions and treaties in force for said Sector
on the local and international levels, and in coordination with the
relevant entities in the State and abroad.
6. License all entities, companies and persons working in the Transport
Sector and monitor their commitment to providing the optimum level
of quality of services in accordance with the legislations in force, and
in coordination with the relevant entities.
7. Propose the fees, tariffs and prices related to its competencies and
submit them to the Executive Council for approval, in accordance
with the applicable regulations.
8. Submit periodic reports and analytical studies to Abu Dhabi Executive
Office in relation to the Department's competencies.
9. Encourage investments and partnerships with the private sector
for projects related to the competencies of the Department in
coordination with the relevant entities.
10. Any other competencies or duties assigned thereto by the Executive
Council.
• The Department may delegate some of its competencies to any other

-- 52 of 160 --

52
governmental entity or outsource some to the private sector upon the
approval of the Executive Council.

Article 5 — • The Chairman of the Executive Council shall issue a resolution to specify ¶

any additional competencies of the Department.
• The Executive Council may amend the Department’s competencies
mentioned in this Law or in any other legislation by deletion, addition or
transfer.

Article 6 — All persons, entities and public and private companies shall provide the ¶

Department with the documents and information it requires to carry out or
execute its competencies.

Article 7 — The Executive Council shall issue a resolution to determine the Affiliates that ¶

shall be under the monitoring and supervision of the Department.
Section (3)
General Provisions

Article 8 — In agreement with the Chairman of the Department, the Chairman of Abu ¶

Dhabi Judicial Department shall issue a resolution specifying the Department’s
officers who have been granted the law enforcement authority for offences
within their jurisdiction. They shall have the right to inspect and monitor all
entities, companies and persons operating in the Sector of Urban Planning

-- 53 of 160 --

53
and Municipalities, in order to verify the implementation of the provisions of
this Law and its implementing regulations, resolutions and circulars.

Article 9 — • It is prohibited to establish any works, constructions or projects or to ¶

carry out any activity within the competencies of the Department without
having obtained an authorisation from the Department in accordance
with the applicable regulations.
• The person authorised under the preceding paragraph shall comply with
the authorisation limits granted to him by the Department, and respect
the legislations, regulations and resolutions applicable in this regard.
• No means of transport may be used for the performance of any of the
activities regulated by the Department unless it is licensed or granted the
necessary authorisation in accordance with the applicable legislations.

Article 10 — • Without prejudice to any more severe penalty provided for by any other ¶

law, an administrative fine of no more than AED (10,000,000) ten million
shall be imposed on whoever violates the provisions of this Law and its
regulatory and implementing rules as well as its implementing regulations,
policies, resolutions and circulars.
• The Department shall take charge of collecting the administrative
fines. Upon the approval of the Executive Council, the Chairman of
the Department shall issue a schedule specifying the offences and the
administrative fines prescribed for each of them, without exceeding the
fine provided for in this Article.
• The Chairman of the Department or whom he authorises, may propose

-- 54 of 160 --

54
reconciliation to the offender, provided that this is established in the
record of the proceedings. The offender who accepts reconciliation shall
pay a fine equivalent to 75% of the total administrative fine determined
for the offence within a period not exceeding sixty days from the date of
proposing the reconciliation.
• In all cases, if the offender fails to remove the effects of the offence on
the date scheduled, the Department shall remove such effects at the
expense of the offender.
• The regulatory and implementing rules of this Law shall specify the
procedures of the above-mentioned reconciliation, including its
timeframes.

Article 11 — • The Department may impose any of the following administrative penalties: ¶

1. Notice.
2. Warning.
3. Placing the establishment under financial, administrative and technical
supervision.
4. Temporary suspension of activity.
5. Cancellation or suspension of the licence.
6. Closing of the establishment temporarily or permanently.
7. Administrative removal of foreign persons who commit the
administrative offense after fulfilling any other administrative sanctions
imposed.
• Grievances may be filed against the administrative penalties before the
Department within sixty days from the date of notification of the grievant.

-- 55 of 160 --

55
Failure to decide upon the grievance within 90 days from the date of its
submission shall be regarded as acceptance of the grievance.
• The regulatory and implementing rules of this Law shall determine the
procedures and controls required for the application of the aforesaid
administrative penalties.

Article 12 — The Department may coordinate and establish electronic linkage with the ¶

relevant entities. It may take all necessary measures in coordination with
said entities, if needed, to remove any means of transport associated with
the transport sectors, withdraw, tow and seize it provisionally when required
by law, until a judicial ruling is issued to seize said means of transport and
sell it at public auction six months after its seizure, while the offender shall
pay the fees and fines and correct the offences resulting in consequence, in
accordance with the provisions of the applicable legislation.

Article 13 — The Department shall propose its organisational structure and submit it ¶

to the Executive Council for approval, in accordance with the applicable
regulations.

Article 14 — • The financial laws and regulations in force in the Emirate shall apply to the ¶

Department.
• The human resources laws and regulations in force in the Emirate shall
apply to the employees of the Department.
• The Civil Retirement Pensions and Benefits law in force in the Emirate
shall apply to the nationals.

-- 56 of 160 --

56

Article 15 — • Upon the approval of the Executive Council, the Chairman of the ¶

Department shall issue the regulatory and implementing rules of this Law.
• The policies, regulations, rules, resolutions and circulars in force shall
remain applicable in a manner consistent with the provisions of this
Law until the issuance of its implementing policies, regulations, rules,
resolutions and circulars.
• The Chairman of the Department shall issue the necessary implementing
and operational policies of this Law.

Article 16 — • Any text or provision, prescribed in the legislations establishing Affiliates, ¶

which is contrary to the provisions of this Law, shall be repealed.
• Any text or provision contrary to the provisions of this Law shall be
repealed.

Article 17 — This Law shall be effective from the date of its issuance and shall be published ¶

in the Official Gazette.
Issued by us in Abu Dhabi
On: 20 February 2018
Corresponding to: 4 Jumada Al Akher 1439 H
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi

-- 57 of 160 --

57