Law No. (13) of 2023 On Licensing and Operating Maritime Means in Ras Al Khaimah Emirate We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of Constitution; And Federal Law No. (26) of 1981 on Maritime Commercial Law, as amended; And Federal Law No. (19) of 1993 on Delimitation of Maritime Zones of United Arab Emirates; And Federal Law No. (23) of 1999 on Exploitation, Protection, and Development of Living Resources in United Arab Emirates, as amended; And Federal Law No. (24) of 1999 on Environment Protection & Development, as amended; And Federal Decree-Law No. (1) of 2001 on Guarding Land and Maritime Borders of the State; And Law No. (7) of 2012 on Establishment of Executive Council in Emirate of Ras Al Khaimah; And Law No. (8) of 2016 on Regulation of Economic Activities Practice in Emirate of Ras Al Khaimah; And Emiri Decree No. (1) of 2008 on Establishment of Ras Al Khaimah Transport Authority; And based upon approval of Executive Council, Have promulgated the following Law: Article (1) In applying the provisions of this Law, the following words and phrases shall have the meanings corresponding to each of them respectively, unless context otherwise requires: State: United Arab Emirates. Emirate: Emirate of Ras Al Khaimah. Executive Council: Executive Council of the Emirate. Authority: Ras Al Khaimah Transport Authority. Director-General: Director-General of the Authority. Concerned Authorities: Borders Guards, Ras Al Khaimah Police General Headquarter, Public Services Department, Municipality Department, Ras Al Khaimah Ports, Environment Protection and Development Authority, Ras Al Khaimah Tourism Development Authority, Ras Al Khaimah International Marine Sports Club and any authority relative to application of this Law provisions. Maritime: Means: Any motorized or non-motorized floating facility of any type or form sailing or settling in internal water of the Emirate for the purpose of transporting passengers or goods, entertainment, outing or practice of water sports. Maritime Transport: One of the activities through which passengers and goods are transported from one area to another in the Emirate via maritime means. Operation Area: The geographical scope wherein maritime means are authorized to operate. Water of the Emirate: Water located within the maritime borders of the Emirate, lakes and internal water channels. Berth: Every harbor, station, wharf, shore, dock or any other facility prepared for maritime means to settle or anchor in the water of the Emirate. Maritime Training Center: Authority authorized to practice the activity of maritime training. Operator: Natural or legal person who works on operating maritime means for their intended uses. Article (2) Provisions of this Law shall apply to all internal water of the Emirate including water located within the borders of Ras Al Khaimah Economic Zones. Article (3) Authority shall exercise the terms of reference ensuring the achievement of purpose from maritime transport system in the Emirate; especially, to perform the following tasks: 1. Develop a comprehensive plan for maritime transport system and all construction works related thereto, approve its development and investment programs and projects and supervise implementation thereof in coordination with concerned authorities. 2. Determine main lines of maritime transport network in the Emirate, routes and locations wherein maritime activities are permitted to be practiced, guiding signs thereto and speeds allowed for maritime means in coordination with concerned authorities. 3. Set the location of berths, stations and shelters of maritime means in coordination with concerned authorities. 4. Develop standards and technical specifications of maritime means, their berths, stations and shelters as well as rules and conditions of their operation and use. 5. Develop environment standards and requirements of internal maritime navigation in coordination with Environment Protection and Development Authority. 6. Prepare regulations related to security and safety standards and their requirements in consistent with the highest applicable international standards. 7. Develop a system to control, follow-up and inspect maritime means. 8. Inspect all licensed maritime means, their operation crew, berths, stations and shelters to ensure their safety and application of security and safety procedures and environment standards and requirements. 9. Monitor all activities and events which may affect maritime traffic within water of the Emirate. 10. Register and license maritime means. 11. License skippers and crews of maritime means. 12. Monitor the extent to which operating companies comply with conditions of permits issued thereto by Authority and clauses of contracts and agreements concluded therewith. 13. Utilize latest electronic monitoring means of maritime means. 14. Establish comprehensive database to serve maritime transport inside the Emirate with the aim of preparing specialized studies to develop and improve service in the Emirate. 15. Hold training courses necessary to qualify crews of maritime means in coordination with concerned authorities. Article (4) Authority shall establish maritime births and manage the same by itself or jointly with third parties. However, Authority may entrust the same to investors whether they are natural or legal persons, subject to the following rules and procedures: 1. Investor shall observe preservation of the berth and making the same useable throughout the commitment period, 2. None of the investor’s obligations shall be assigned to third parties without obtaining a permission from Authority, 3. Compliance with laws and resolutions related to regulation of activities practiced within the berth. 4. Determine means of technical and financial supervision and control which ensure Authority to follow-up the proper functioning and regularity of berths. Article (5) A register shall be created with Authority to record maritime means and to be named as “Maritime Means Recording Register”. Under a resolution from Director-General, facts, actions and procedures that should be recorded in the register; conditions of their recording, methods, rules and procedures thereof; and forms or certificates given upon request concerned persons based on data recorded in register. Actions, incidents and procedures which must be recorded shall not be pretense against third parties unless the same is recorded in the register. Article (6) It is prohibited to operate any maritime mean in the Emirate except after obtaining a license of the same from Authority, excluding maritime means which are determined under a resolution from Authority and those authorized to enter water of the Emirate provided that an insurance contract covering responsibility against any damages that may be caused thereby inside the Emirate is provided. Article (7) License of the maritime mean shall include the following details: 1. Its number, validity period, type of maritime mean, its manufacturing year, its owner and its address. 2. Any other details determined under a resolution issued by Director-General. License shall be valid for the period determined by resolutions issued in implementation of this Law provisions and these resolutions shall determine also conditions and statuses of its renewal, cases wherein Authority shall be notified of any change in details of the owner, mean and its specifications and uses, or damage or loss of license. Article (8) To license maritime mean, it is required that license applicant submit the following: 1. Title deed of the maritime mean to be licensed; the custom’s clearance resolution of the same; if it is imported from abroad for the first time, or copy of maritime mean registration certificate with Authority or competent authorities in the State. 2. Statement of maritime line of the maritime mean or its operation zone and timings. 3. Pass technical inspection on time and in place determined by Authority, 4. Documents approved by Authority to substantiate identity of maritime mean’s owner. 5. Certificate of No Fines on the maritime mean. 6. Insurance policy on maritime mean at least against third party. 7. Payment of fees stipulated under this Law and resolutions promulgated in implementation thereof. 8. Obtain a permit from Environment Protection and Development Authority on environment requirements. 9. Any other condition required by Authority under resolutions and instructions issued thereby. Article (9) Authority is entitled to entrust any establishment or company with conducting technical inspection and inspect maritime means, their skippers and crews under its supervision and control. Article (10) License is valid only for the maritime mean for which the same is issued. However, if the licensed owner of the maritime means had been changed, the owner in whose name the license is issued shall remain liable for implementing provisions of this Law until his license is cancelled or transferred to the name of a new owner. Article (11) License shall be suspended in case of gross damage inflicted upon the maritime mean or material changes had been made thereto or change the use of the same. In any of these cases, the licensee must notify the Authority and the suspended license shall not be effective except after conducting a new technical inspection confirming the validity of maritime mean for the use assigned thereto. Article (12) No license shall prejudice the right of Government to prohibit or disrupt maritime traffic; nor to prevent locating the maritime mean in certain place, nor to practice any of public works or works licensed for third parties on, above or under internal water or due to the status of internal water, its bridges, public facilities related thereto or due to any accident therein and no maritime means’ owners nor third parties are entitled to claim compensation for this. Article (13) Each maritime mean shall have a plate that distinguishes it bearing its registration. However, change or replacement of the plate may not be made except under approval of Authority and specifications and requirements of the maritime means’ plates shall be determined in resolutions issued by the Authority in implementation of this Law provisions. Article (14) If owner of maritime mean desires to deregister or decommission the same, he shall serve a written notice to the Authority prior to its expiry and deliver license and its plate to the Authority. Accordingly, Director-General shall issue a resolution to deregister or decommission the maritime mean after notifying rights-holders whose rights thereon are registered in the mean’s register via notification means stated in the register of recording or licensing maritime means. Owner of maritime mean which permit had been cancelled and rights-holders thereon must remove the same from operation zone within the period determined by the Authority, otherwise the later shall move the same at the expense of its owner to the place determined thereby. Article (15) Without prejudice to Law regulating economic activities, Authority may grant license to transport passengers or goods on the internal water of the Emirate in regular lines and executive regulation shall determine conditions, limits and fees of granting the license. However, Authority is entitled to determine tariff of using these means by resolution from Director-General. Licensee and skipper of the maritime mean must adhere by limits of license issued thereto and tariff, if specified, and non-practice of any activities beyond the license. Article (16) No person may drive any maritime mean unless he holds a valid permit issued by the Authority empowering him to drive the mean which he drives driven and no person, who is responsible for a maritime mean, may allow driving the same by anyone who does not hold license empowering him to drive the same. Director-General shall issue a resolution on conditions to obtain the driving permit. Article (17) Skipper of maritime mean and operator must adhere by the following: 1. Hold the driving license while driving the maritime mean along with permits issued thereto. 2. Provide the maritime mean with rescue gear and first aids. 3. Follow up guidelines and instructions regulating maritime traffic. 4. Adhere by conditions of safety, security and safe driving and non-participation in any gatherings, races or making any noise which may causes nuisance to others. 5. Receive passengers and permit disembarking them only in authorized berths. 6. Prevent passengers from performing any actions which may jeopardize their lives and others’ lives. 7. Not to exceed speed limits in maritime routes. 8. Light the mean from inside during the period between sunset and sunrise and when necessary. 9. Park the maritime mean in the berth determined by the Authority. 10. Not to dispose of oils, toxic or environmentally harmful substances, sewage or wastes by dumping the same into sea water. 11. Not to pollute air by harmful emissions. 12. Maintain the maritime mean at maintenance station determined by the Authority. 13. Examine the mean before sailing to ensure that security and safety conditions are met. 14. Comply with rules and instructions of using berths issued by the Authority. 15. Any other obligations set out in the executive regulation of this Law or resolution issued in implementation thereof. Article (18) Operator and skipper of the maritime mean designated for mass transport must maintain a register approved by the Authority to be named “Maritime Mean Journal Register” in which maritime mean’s crew, in-particular, will be registered in addition to emergency accidents suffered by the same during its voyage and any other data to be determined by resolution from Director-General. Article (19) Under a license from Authority, centers may be established to train on driving maritime means and resolutions issued in implementation of this Law provisions shall set out conditions that must be met in training centers, trainers working therein and their licensing procedures. Any individual may be trained on driving the maritime means ONLY in licensed training center. Article (20) No individual may train another person on driving a maritime mean unless he is licensed for that. He shall be responsible for observing Law provisions and resolutions issued in implementation of the same during training process and no trainer shall be allowed to drive the maritime mean unless he is convinced that he can fully control it. Article (21) Without prejudice to provisions related to security, safety and environment requirements applicable to maritime means, Authority may develop a special system to license, use and drive some maritime means that shall commensurate with its nature, features and the objective of its use, particularly means which artificial intelligence is used in driving them. This system shall be issued by resolution from Executive Council based on proposal from the Authority. Article (22) All authorities, companies and establishments operating in activities relating to maritime means shall regularize their status in accordance with this Law provisions within no more than six months from its effective date. Article (23) The maritime mean shall be suspended and parked in location determined by Authority in the following cases: 1. Non-renewal of its license. 2. A fracture in its hull which may endanger safety of its passengers. 3. Leakage of oil or fuel or release of carbonic emissions from its engine exceeding the permissible limit. 4. Non-maintenance or expiry of safety gear. 5. Modify the shape of the maritime mean without consent from Authority. 6. Use it for a purpose other than that stated in license thereof. In all cases, maritime mean may be permitted to resume working in operation zone after removing cause of its suspension. Article (24) Authority may cancel the license of maritime mean in any of the following cases: 1- Its fines exceed four fines per one year. 2- Leaving it in berth without due care and maintenance for more than three months in a condition that impedes the berth use. 4- Elapsing of more than one year since the maritime mean was burned, drowned or become non-functional. Article (25) Executive Council shall issue, based on proposal of Authority, the executive regulation of this Law, fees table and other one for fines, penalties and measures resulted from violating provisions of this law and resolutions promulgated in implementation of the same and proceeds of these fees and penalties shall devolve upon treasury of Authority. Employees and inspectors of the Authority nominated by resolution from Director General shall be empowered with law officers’ capacity in proving acts that are committed in violation of provisions of this law, its executive regulation and resolutions issued in implementation thereof. Article (26) By resolution from Director-General, a committee shall be formed to consider complaints and grievances related to violations arising from application of this Law provisions. Such resolution shall set procedures followed before the same and its work mechanism. Article (27) Grievance is accepted within thirty days as of date of violation report if the violator is present or as of the date being notified of the violation via means approved by the Authority if he is absent. Article (28) Committee shall report its recommendations on the grievance to Director-General to decide thereon. In all cases, Authority may reconcile with violator in consideration of payment of the scheduled minimum penalty after removing causes of violation. In the event violator does not accept reconciliation, the matter shall be referred to Public Prosecution. In case of conviction, penalty shall be not less than two thirds of the scheduled maximum limit thereof. Article (29) In cases whenever maritime means may be seized, Director-General shall issue a resolution on its seizure in location determined thereby. Therefore, Authority shall notify owners and rights-holders of the maritime means of the seizure incident via notice means stated in register of recording or licensing the maritime means. Article (30) By resolution from Director-General, a committee shall be formed to sell seized maritime means and the resolution shall determine its membership and mechanism of its work. Article (31) If owner of the maritime mean does not request to receive it back within one month from the date on which its seizure had ended, the committee stipulated in Article (30) of this Law shall sell the same in public auction whether by its own or through seeking assistance of licensed public auction establishments. Sale minute shall be considered as a deed of transferring ownership free from any financial liabilities incurred for third parties. Owner of the maritime mean is entitled to recover the same before the sale is made after payment of schedules penalties and seizure costs. Article (32) Authority shall deposit proceeds of maritime vessels in a special account maintained thereby after deducting all costs, fees and penalties accrued to Authority. However, if the price collected from the sale is insufficient to cover its dues, the difference shall be covered by its owner. Article (33) Rights of stakeholders to claim for sale price shall be abated by elapsing of five years from the date of depositing the same in the special account and shall devolve upon the Authority. Article (34) Collection of funds accrued to the Authority due to application of this Law provisions and resolution issued in implementation thereof shall be under a claim to be issued by Director-General or his authorized representative in which the name of debtor, his legal representative, if any, and amount of fee or penalty shall be stated. This claim shall be deemed as a writ of execution to be executed by competent execution judge pursuant to Civil Procedures Law. Article (35) 1. Law No. (3) of 2020 on Licensing, Renting and Using Jet Skis shall be repealed. 2. Any other provision contradicts with provisions of this Law shall be repealed. Article (36) This law shall be published in the Official Gazette and come into force as of 01/01/2024. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Issued by us today eleventh of Rabie Al Awal 1445H. Corresponding to twenty sixth of September 2023G.