Chairman s Decision No. (37) of 2013 concerning the licensing, hire, and usage of Personal Watercrafts (Jet Ski)

Transcription

1 Date: /7/2013 Chairman s Decision No. (37) of 2013 concerning the licensing, hire, and usage of Personal Watercrafts (Jet Ski) Chairman:- Having reviewed: - law No. (1) of 1974 concerning the reorganization of the Governmental Apparatus in the Emirate of Abu Dhabi and amendments thereof; - law No. (4) of 2006 concerning the creation of the Department of Transport as amended by law No. (5) of 2008; - Amiri decree No.(15) of 2010 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi; - law No. (7) of 2006 concerning licensing, hire and usage of personal watercrafts and executive regulation thereof; - and the Executive Council resolutions: - resolution of the Executive Council Chairman No. (36) of 2007 promulgating the executive regulation of law No. (7) of 2006 concerning licensing, hire and usage of personal watercrafts; - decision of the Executive Committee No. 3- S. 14/2009 concerning personal watercrafts usage areas and controls; - decision of Infrastructure and Environment Committee No. I S 10- S. 22/2009 concerning delineation of personal watercrafts usage areas and speed limits; - decision of Infrastructure and Environment Committee No. I S A- S. 7/2010 concerning delineation of personal watercrafts launching and usage areas, and as required by the public interest, the following was decided: 1

2 Article (1) In applying the provisions of this decision, the following words and phrases shall have the meanings corresponding thereto, unless otherwise dictated by the context: the Emirate: the Department: the CICPA: the Law: the Executive Regulation: the Establishment: the Personal Watercraft User: the Sea User: the Emirate of Abu Dhabi the Department of Transport the Critical Infrastructure and Coastal Protection Authority the Law No. (7) of 2006 concerning licensing, hire and usage of personal watercrafts the executive regulation of law No. (7) of 2006 issued pursuant to resolution of Chairman of Executive Council No. (36) of 2007 every juridical person licensed to practice the business of hire of personal watercrafts for third parties in accordance with the provisions of the law every natural person driving a personal watercrafts, whether he/she is an owner, a renter or authorized by the owner to drive the same every person frequently visiting or using the beach or entering the sea using any means Article (2) The Department, in coordination with the concerned entities, shall delineate personal watercrafts usage and hire places in the Emirate, and speed and distances controls set thereto, and shall develop required safety standards for usage thereof, in accordance with appendices annexed therewith, which titles are set out below: 2

3 Appendix (A) Zones where Usage of Personal Watercrafts is Prohibited Appendix (B) Guidance Signs and Their Meanings Appendix (C) Speeds and Distances Appendix (D) Mechanism of Personal Watercrafts Registration for Individuals and Establishments Appendix (E) Safety Equipment for Personal Watercrafts Appendix (F) Violations Schedule Article (3) No Establishment may practice the business of personal watercrafts hire unless conditions stipulated in the Law and the Executive Regulation thereof and those cited herein are fulfilled. Accordingly, the Establishment shall: 1. obtain the approval of the Department for issuance of the commercial license from the Department of the Economic Development, 2. comply with the set number of personal watercrafts permitted to be hired at each location, as per the Department s approved studies, 3. register the personal watercrafts prior to commencing the activity. Article (4) For usage of personal watercrafts by individuals, requirements stipulated in the Law, the Executive Regulation thereof and those cited herein shall be fulfilled. Accordingly, the personal watercraft must be registered prior to usage. 3

4 Article (5) 1. All Establishments and individuals owning personal watercrafts prior to issuance of this decision shall correct their status by registering their personal watercrafts not later than 31/10/2013 for the Establishments and 31/12/2013 for individuals. 2. The first clause of this article shall not exempt the Establishments and the Personal Watercrafts Users from observing at all times the pertinent safety and security requirements applicable in all laws, by-laws and decisions, and foremost refraining from entering the zones where usage of personal watercrafts is prohibited and from reckless driving. Article (6) All Sea Users shall adhere to the guidance signs set out in Appendix (B) annexed therewith. Article (7) The Department, as it deems appropriate, may grant passage permits in the zones where usage of personal watercrafts is prohibited. The personal watercraft driver holding the permit must not exceed the speed limit of (6) knots when passing through such zones. Article (8) Inspectors of the Department shall oversee the implementation of this decision in coordination with the CICPA including controlling and monitoring the Personal Watercrafts Users and Establishments, and may issue tickets as per laws and bylaws and decisions in regulation thereof. 4

5 Article (9) 1- Without prejudice to penalties applicable at the Department of Economic Development relevant to conditions of commercial licensing and any more severe penalty stipulated by any other law, violators of provisions of this decision shall be subjected to provisions of article seven of the Law. 2- Whoever commits a violation set out in Appendix (F) of this decision shall be deemed in violation to the provisions of the Law. Article (10) This decision shall be published in the Official Gazette, and shall be effective from date of issuance thereof. Abdulla Rashed Al Otaiba Chairman of Department of Transport 5

6 Appendix (A) Zones where Usage of Personal Watercrafts is Prohibited at the Emirate of Abu Dhabi Maritime Safety Zones A General Map of Maritime Safety Zones 1 Al-Raha Beach Area 2 Al Maqta Area 3 Al Corniche Area 4 Al Bateen Area 5 Sadiyat Island Maritime Area 6

7 Appendix (C) Speeds and Distances The Personal Watercrafts Users must comply with the following: 1. Not exceeding permissible speed limit, 2. Avoiding parade driving that may cause water splash on others, 3. Not driving the personal watercraft if weather conditions or visibility is bad, and considering the density of traffic in the area of operation to determine the safe speed, 4. Reducing speed to six (6) knots or below and keeping a safe distance as the following: from people in the water Sixty (60) meters One hundred (100) meters Two hundred (200) meters As determined by the Department of Transport for each bridge from any fixed or floating maritime structures such as anchored or moored vessels, structures, boat ramps, jetties, wharves, marinas or buoys (excluding maritime navigation aids which cannot be avoided) from the boundary of a designated swimming area from other vessels including other personal watercrafts from buoy on which diver below signal Code Alpha is displayed, which is internationally represented by a white and blue flag with the letter (A) printed in English from the coast when passing under the arch of a bridge 7

8 Appendix (D) Mechanism for Personal Watercrafts Registration for Individuals and Establishments Personal watercrafts owners shall visit the office of the Department of Transport (Consolidated Center- Mina Area) to undergo a technical inspection of the personal watercraft as per the technical requirements approved at the Department. After the personal watercraft has successfully passed the technical inspection, a registration application form shall be filled out by the personal watercraft owner (or by a representative by virtue of a Power of Attorney). The completed registration application form shall be submitted to the Department of Transport (the Consolidated Center) supported by the following documents: 1. A valid I.D. card, 2. the personal watercraft purchase invoice or any other document proving ownership of the same, 3. a true copy of the customs clearance certificate for personal watercrafts imported from abroad, 4. a comprehensive insurance policy for the Establishments and third party insurance for individuals valid for 13 months and issued by a licensed insurance company, 5. a certificate of successful completion of personal watercraft technical inspection, 6. a copy of the valid commercial license (if the personal watercraft is owned by a company or an establishment), and 7. any other documents or requirements deemed necessary by the Department for registration and licensing of the personal watercraft. Upon fulfillment of all required documents, the Department of Transport shall issue the personal watercraft license valid for one year as of date of issuance. For first time registration, the Identification Number shall be affixed onto the personal watercraft, in accordance with requirements applicable at the Department. 8

9 Appendix (E) Safety Equipment for Personal Watercrafts All Personal Watercraft Users must secure the following safety equipment: Safety Equipment 1- A Life Jacket: of globally approved brands and capable of floating the Personal Watercraft User 2-An Engine Switch Key: tied to the Personal Watercraft User s wrist to turn off the engine upon falling off the personal watercraft. 3-A Whistle: used to call for help or alarm others. 4- A Pair of goggles: to protect eyes from water splash. 5- A Protective Helmet: to protect the Personal Watercraft User from shocks. 9

10 Appendix (F) Violations Schedule The following shall be deemed in violation of provisions of Law No. (7) of 2006 concerning licensing, hire and usage of personal watercrafts and the Executive Regulation thereof: 1- Violations of Personal Watercrafts Hire 1 Non- compliance with places permitted for hire activity 2 Hiring a non- licensed personal watercraft or which license is expired 3 Failure to provide a superintendant equipped with maritime rescue skills and a trainer specialized in personal watercrafts usage 4 Failure to abide by the required space of the shop 5 Failure to affix the advertisement sign of the commercial name as required 6 Failure to provide enough space for personal watercrafts 7 Failure to provide first aid and immediate rescue requisites 8 Using shop wholly or partially for residence 9 Failure to maintain cleanliness 10 Failure to provide a life boat for emergencies 11 Non-compliance with business hours permitted by the licensing entity 12 Refraining without a justification to present a copy of the commercial license and the personal watercrafts licensing documents or any other relevant documents 13 Failure to prepare and constantly maintain the necessary registers for staff, personal watercrafts and renters 14 Failure to provide the control, safety and first aid gadget and equipment in hire locations 15 Failure to oblige personal watercraft renter to wear a life jacket 16 Failure to provide the personal watercrafts users with the necessary information regarding usage and permitted or prohibited areas for usage 17 Failure to prepare a form with the conditions of personal watercrafts usage and oblige the renter to sign the same prior to receiving the personal watercraft 18 Failure to observe fuel storage conditions approved by the Department of Civil Defense 19 Failure to provide enough seats for users and install sunshades 20 Hiring the personal watercraft for persons below fourteen years of age without a specialized trainer or a superintendant over 18 years of age, or the personal watercraft s engine is over 1200 c.c. 21 Hiring the personal watercraft for a person between the age of fourteen and seventeen without the attendance of the guardian 22 Hiring the personal watercraft to a person demonstrating incompetence to drive (Mental or physical disorders) 23 Failure to ensure renter s command of swimming 24 Hiring a personal watercraft which insurance is expired 25 Hiring personal watercrafts that do not fulfill safety conditions or may endanger their users 10

11 2- Violations of Personal Watercraft Users 1 Driving a non- licensed personal watercraft or which license is expired 2 Driving the personal watercraft by users below (14) years of age without a specialized trainer or an escort over 18 years of age, or the personal watercraft s engine is over 1200 c.c. 3 Using personal watercrafts in non- permitted places 4 Using personal watercrafts before sun rise or after sun set 5 Launching the personal watercraft in non designated areas 6 Failure to take precautions upon setting off and returning 7 Exceeding the permitted number of persons on the personal watercrafts 8 Failure to wear a life jacket 9 Failure to tie the switch key to the driver s wrist, clothes thereof, or the life jacket 10 Failure to keep away from the beach at a distance of not less than (500 feet) towards the open sea while driving, and not exceeding one sea mile in length from the set off location 11 Using the personal watercraft in proximity to public places or those populated with beach visitors or disturbing them 12 Reckless driving 13 Non- compliance with the maritime navigation laws and endangering maritime vessels and facilities 14 Failure to affix numbers on the personal watercraft, or hiding or amending the same without referring back to the competent entity 15 Non- compliance with or evading orders of the security authority enforcement officers 16 Failure to report or deliver information regarding a collision accident 17 Damage of the personal watercraft registration certificate 3- Violations Common between Hirers and Users 1 Usage or hire of a personal watercraft technically and mechanically unequipped as per requirements stipulated in Article (15) of the Executive Regulation 2 Leak or disposal of any oils or any other liquid or solid residue in the maritime zones 3 Supplying personal watercrafts with fuel in the sea 11

12 All violations pertinent to the licensing of the Establishments shall be referred to the Department of Economic Development for needful actions and implementation of applicable penalties therein. Accordingly, licensing violations shall include the following without limitation : 1. Practicing the activity of personal watercrafts hire without a license, 2. practicing another activity without a license or without obtaining the required license, 3. operating for extra hours without a permit. For purposes of implementation of this regulation, the penalties stipulated in the Law shall be implemented as follows: 1. One thousand Dirham imposed on the Establishments hiring personal watercrafts in violation of the provisions of the Law, the Executive Regulation thereof and other relevant decision issued by the Department of Transport. The penalty shall be doubled in repetition. 2. Five hundred Dirhams imposed on the personal watercrafts users and renters for violating the provisions of the Law, the Executive Regulation thereof and other relevant decision issued by the Department of Transport. The penalty shall be doubled in repetition. 12