Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways

Article 1 — Definitions ¶

For the purpose of applying the provisions of this Resolution, the following words and expressions shall have the meanings assigned thereto: State; Emirate; GCC Countries; Ministry; Minister; Competent Authority; Railway; Federal Railways; Gulf Railways; Railway Track; Network; Network Rules; Railway Services; License; Railway Assets; Infrastructure; Station; Infrastructure Manager; Operator; Inspector; Commissioning; Rail Incident; Rail Accident; Technical Investigation; Railway Vehicle; Cargo Facility; Maintenance Facility; Notice to Remedy; Prohibition Notice; Standards for Enabling Interoperability; Safety; Safety Zones; Protection Zones; Independent Safety Assessor; Safety Permit; Safety Management System; Person; Law.

Article 2 — Applicability of the Resolution ¶

The provisions of this Resolution shall apply to the Federal Railways connecting the Emirates of the... [truncated]

Article 3 — Railway Operations ¶

The Railway operations shall include the following: 1. The management, design, building, manufacture... [truncated]

Article 4 — Safety-Related Railway Activities ¶

The Railway activities related to safety shall include the following: 1. Driving or steering Railway... [truncated]

Licensing of the Infrastructure Manager and the Operator

Article 5 — Licensing Conditions of the Infrastructure Manager and the Operator ¶

1. The Infrastructure Manager and the Operator shall obtain a License from the Ministry before conducting... [truncated]

Article 6 — Technical Competence ¶

The applicant shall prove that it possesses an end-to-end management system and has the technical knowledge... [truncated]

Article 7 — Solvency ¶

1. The License applicant shall: a. Prove that it is able to fulfill its current and potential obligations... [truncated]

Article 8 — Liability Insurance ¶

The License applicant shall submit a document proving that it has obtained an adequate third-party liability... [truncated]

Article 9 — Procedures of Licensing the Infrastructure Manager and the Operator ¶

1. An applicant for the Infrastructure Manager or the Operator License shall submit its application... [truncated]

Article 10 — Railway Performance Standards ¶

The Ministry shall determine the Railway performance standards, which constitute the minimum standards... [truncated]

Safety and Protection Zones

Article 11 — Safety Zones ¶

1. The Federal Railway Safety Zones shall consist of the Railway Track and lands on both tracksides,... [truncated]

Article 12 — Protection Zones ¶

1. The Federal Railway Protection Zone shall include the lands, regardless of their owners, adjacent... [truncated]

Article 13 — Conditions and Controls of Exceptional Cases ¶

Exceptional cases or emergencies are the circumstances in which the Infrastructure Manager, in coordination... [truncated]

Article 14 — Overlapping with Third Party-Owned Infrastructures ¶

Without prejudice to any conditions or approvals required by the Competent Authorities in the Emirate... [truncated]

Article 15 — Conditions and Procedures of Issuing Approvals of Third-Party Infrastructure Overlapping ¶

1. In order to issue approvals for overlapping of third-party infrastructure with the Federal Railways... [truncated]

Safety Permits

Article 16 — Safety-Related Functions of the Ministry ¶

In order to ensure that the licensees comply with the provisions of the Licenses granted to them, the... [truncated]

Article 17 — Safety Permit Issuance Conditions for Infrastructure Manager ¶

1. In order to issue the Safety Permit for the Infrastructure Manager, the latter shall submit a safety... [truncated]

Article 18 — Safety Permit Issuance Procedures for Infrastructure Manager ¶

The following procedures shall apply for issuing the Safety Permit for the Infrastructure Manager:... [truncated]

Article 19 — Validity Period of Infrastructure Manager's Safety Permit ¶

The Safety Permit granted to the Infrastructure Manager shall be valid for (5) five years, as of the... [truncated]

Article 20 — Substantial Changes to Railway Systems ¶

1. The following changes shall be considered substantial changes that require the permit holder to... [truncated]

Article 21 — Safety Permit Issuance Conditions for the Operator ¶

1. Upon applying for the Safety Permit for the Operator, the latter shall submit a Safety file including... [truncated]

Article 22 — Safety Permit Issuance Procedures for the Operator ¶

The following procedures shall apply for issuing the Safety Permit for the Operator: 1. The permit... [truncated]

Article 23 — Validity Period of Operator's Safety Permit ¶

The Safety Permit granted to the Operator shall be valid for (5) five years following the date of its... [truncated]

Article 24 — Suspension or Revocation of Safety Permits Granted to Infrastructure Managers or Operators ¶

The Ministry may, by serving a written notice upon the permit holder, suspend or revoke, in full or... [truncated]

Article 25 — Immediate Suspension of Safety Permit ¶

If the Ministry is convinced that there is a substantial and serious risk to the Safety, it may, without... [truncated]

Article 26 — Amendment, Revocation, or Addition of a Condition or Restriction by the Ministry ¶

1. The Ministry may, at any time, amend or revoke any condition or restriction imposed on the Safety... [truncated]

Article 27 — Application for Amendment of Safety Permit ¶

1. The permit holder may submit an application to the Ministry, at any time, to amend the Safety Permit... [truncated]

Article 28 — Application for Renewal of Safety Permit ¶

The permit holder shall submit a renewal application of the Safety Permit granted thereto, at least... [truncated]

Article 29 — Assignment of the Safety Permit ¶

The permit holder may not assign the Safety Permit.

Article 30 — Exemption from the Safety Permit ¶

The Operator, holding a valid Safety Permit issued by the Competent Authorities of any GCC country,... [truncated]

Article 31 — Safety Management System ¶

The Infrastructure Manager and the Operator shall each have a Safety Management System for its own... [truncated]

Article 32 — Urgent Amendments to the Network Rules ¶

1. The Infrastructure Manager may amend the Network Rules promptly where a direct risk to Safety is... [truncated]

Article 33 — Emergency Management Plan ¶

1. The Infrastructure Manager and the Operator shall each have an emergency management plan to be... [truncated]

Article 34 — Review of Safety Management System ¶

Both the Infrastructure Manager and the Operator shall review the Safety Management System on a regular... [truncated]

Article 35 — Agreements Regulating Infrastructure Crossover or Overlapping ¶

1. The Infrastructure Manager may enter into agreements that regulate the crossover or overlapping... [truncated]

Article 36 — Accreditation Conditions for Independent Safety Assessor ¶

By virtue of a resolution of the Minister, the conditions of the Independent Safety Assessor accreditation... [truncated]

Article 37 — Reporting Rail Accidents and Incidents ¶

1. Without prejudice to the powers conferred upon the Competent Authorities, the Infrastructure Manager... [truncated]

Railway Inspection

Article 38 — Functions and Powers of Inspectors ¶

Without prejudice to the functions and powers of judicial police of the Competent Authorities in the... [truncated]

Article 39 — Inspector's Powers to Get Access ¶

The Inspector may, at any time, get access to any place falling within the Federal Railway Assets or... [truncated]

Article 40 — Inspector's Powers ¶

1. The Inspector may get access, without prior notification, to inspect any Person. 2. Upon the Inspector's... [truncated]

Article 41 — Powers of Inspector During Inspections ¶

1. The Inspector may take any of the following actions: a. Inspect the place and examine any of... [truncated]

Article 42 — Obligations of Infrastructure Manager and Operator towards Inspector ¶

The Infrastructure Manager and the Operator shall enable and provide assistance to the Ministry's inspectors... [truncated]

Article 43 — Notices to Remedy ¶

The Inspector may issue a Notice to Remedy if he is convinced, based on reasonable grounds, that a person... [truncated]

Article 44 — Extension of Notices to Remedy ¶

By virtue of a written notice to the permit holder, the Inspector may extend the time limit set out... [truncated]

Article 45 — Prohibition Notices ¶

1. The Inspector may, after obtaining the relevant required approvals specified in the relevant resolution... [truncated]

Article 46 ¶

If the responsible Person against whom the Prohibition Notice is issued fails to take acceptable action... [truncated]

Article 47 ¶

Where the circumstances require the issuance of a Prohibition Notice on an urgent basis and the Person... [truncated]

Article 48 — Railway Records ¶

1. The Ministry shall maintain permanent records of Railways, including, as a minimum, the following... [truncated]

Article 49 — Periodic Reports ¶

1. The Infrastructure Manager and the Operator shall each submit an annual report to the Ministry on... [truncated]

Article 50 — Issuance of Executive Resolutions ¶

The Minister shall issue the executive resolutions necessary for implementing the provisions of this... [truncated]

Article 51 — Publication and Entry into Force ¶

This Resolution shall be published in the Official Gazette and shall enter into force thirty (30) days... [truncated]

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