Executive Council Resolution No. (1) of 2024 of Promulgating the Executive Regulation of Law No. (10) of 2023 on Impounding, Placing and Disposing Vehicles
We, Mohammed Bin Saud Bin Saqr Al Qasimi Crown Prince of Ras Al Khaimah & President of Executive Council
After perusal of Federal Law no. (12) of 1976 on Police & Security Force, as amended;
And Federal Law no. (21) of 1995 on Traffic, as amended;
And Federal Decree-Law no. (38) of 2022 on Promulgating Criminal Procedures Law;
And Federal Decree-Law No. (42) of 2022 on Promulgating Civil Procedures Law;
And Law No. (7) of 2012 on Establishing Executive Council of Ras Al Khaimah Emirate;
And Law No. (10) of 2023 on Impounding, Placing and Disposing Vehicles;
And Emiri Decree No. (6) of 2015 on Establishing General Resources Authority in Ras Al-Khaimah.
And after approval of the Executive Council.
have promulgated the following Regulation:
Article (1)
In applying provisions of this Regulation, the definitions stated in Law no. (10) of 2023 referred to herein shall have the same meaning intended thereof, unless the context requires otherwise.
Article (2)
Abandoned vehicles shall be reported to Police via means determined and announced on Police website.
Article (3)
Abandoned vehicle shall be considered as distortion of public appearance in any of the following cases:
1- Non-existence of tires, glass, seats or any part of the exterior body or damage of any of these things.
2- Change of the vehicle’s colour or existence of writings or posters thereon in a way violating the public order or public morals.
3- Accretion of dust and dirt thereon in a way that causes visual pollution.
Article (4)
The following shall be followed in dealing with abandoned vehicle:
1- Police or one of the contracted authorities shall move to the vehicle to inspect it and identify reasons for abandonment thereof.
2- Police shall open the vehicle by itself or under supervision thereof.
3- State all descriptions of the vehicle and inspect the same according to applicable rules and procedures in this regard.
4- Make report of the belongings that may be found in the vehicle and handover them to owner thereof if possible or keep them as (Trusts) unless handing over of these belongings shall violate provisions of the law.
5- Notify the competent authorities to take necessary procedures against the vehicle before moving it to the complex if it is turned out that it contains items whose possession shall constitute a crime.
6- Transfer the vehicle to impoundment complex or impound it electronically or with its owner or impoundment applicant or any other person after completing procedures of examination, seizure and inspection.
7- Fill the following forms:
a. Violation report (Proof of record for some cases).
b. Open Vehicle Order.
c. Transfer Vehicle Order.
d. Inspect Vehicle Exterior Body Form.
e. Handover Trusts to Driver or Owner Form.
f. Make Ticket.
g. Inspection Form.
h. Trusts & Custody Thereof Form.
i. Impoundment Form in cases of referring vehicles to Public Prosecution.
Tasks, procedures and forms stated in this article may be amended under decision issued by Commander in Chief.
Article (5)
Commander in Chief shall issue decision of terms and procedures for disposal of motor vehicles that may not be licensed or not valid for licensing, vehicles’ bodies, parts thereof and bicycles and these terms and conditions may include selling them as scrap, also impair motorcycles that may not be licensed as well as bicycles before selling them due to circumstances to be considered by Commander in Chief.
Article (6)
The following procedures shall be followed in dealing with abandoned vehicles:
1- Ascertain termination of impoundment reasons during conducting periodical inventory.
2- Notify vehicle’s owner of removing violation reasons or termination of impoundment reasons on his physical or electronic address or by SMS to his phone number registered in the traffic system or any of the means announced on the police website.
3- Abandoned Vehicles Disposition Committee shall initiate procedures of selling the vehicle if owner thereof did not take procedures to remove reasons of the violation or receive the vehicle within ten days from the date of notifying him of removing reasons of violation or termination of impoundment reasons.
Article (7)
Abandoned Vehicles Disposition Committee shall undertake the following tasks and competences:
1- Count vehicles and take procedures of selling them if their owner or impounding authorities did not take procedures to receive them or remove violation reasons despite elapsing of the period mentioned in clauses 1 and 3 of article 8.
2- Prepare list of the vehicles to be sold by public auction stating therein descriptions of each vehicle, fees, charges, expenses and fines due thereon.
3- Publish the data of vehicles to be sold by public auction on the police website.
4- Hand over vehicles to their owners after payment of charges, fines, fees and expenses due thereon or pay such amounts in installments according to terms and conditions issued by decision from Commander in Chief.
5- Transfer possession of vehicles whose owners did not proceed to receive them to the name of police along with transferring all traffic violations to the owner’s traffic code after lapsing of two weeks from the date of publishing on police website.
6- Estimate basic price of bidding on vehicles by itself or by seeking assistance of the authorities specialized in this field.
7- Sell vehicles by public auction by itself or by one of companies contracted with for this purpose.
8- Conduct sale by public auction in the event the bidding price did not fall below the basic price determined by the Committee by 10% and re-offer vehicles that drop of price thereof exceeds such ratio for sale with possibility to sell them if price drop thereof did not exceed 25% of the basic price. If the drop exceeds the last ratio, the vehicles shall be offered for sale in auction for third time with possibility to sell them if the price drop did not exceed 50% of the basic price. If the drop exceeded the last ratio, the Committee may sell or dispose thereof according to best alternatives it deems.
9- Transfer possession of the motor vehicle to the purchaser and grant him two weeks period to receive it.
10- Count fees, charges, expenses and fines resulted from impounding the vehicle and disposing thereof according to provisions of article (21) of Law no. (10) of 2023 on Impounding, Placing & Disposing Vehicles.
11- Transfer rights recorded on the vehicle with Traffic & Patrol Department as well as rights recorded by impounding deed to the remainder of its sale proceeds.
Article (8)
Traffic & Patrol Department and Abandoned Vehicles Disposition Committee shall have, each according to its competence, the following competences:
1- Send notice to the authority that decided to impound the vehicle within five working days that includes date of impoundment, fines, fees and expenses due thereon so that such authority shall determine aspects of disposal of the vehicle.
2- Transfer vehicles immediately upon seizing them or after impounding the same in impoundment complex to the nearest emirate that ordered to impound them if the Department or Committee deems that good work progress in the complex requires that.
3- Proceed with procedures of selling, disposing of or discharging impoundment of the vehicle after payment of amounts due thereon to Police or Authority, in case the impounding authority does not reply to the notice stated in the first clause.
4- Deduct fines, fees and expenses due for vehicle impoundment from its sale price and notify the impounding authority of the remainder of price to take the necessary procedures to receive the amounts due thereto or for which the vehicle is impounded.
5- Deposit the remainder of vehicle sale price in special account with Ras Al Khaimah Government after deducting the amounts mentioned in third and fourth clauses.
Article (9)
In the event of seizing or impounding a vehicle, the authority that did so should take the following procedures:
1- Register the vehicle data and deed of seizing or impounding it, date and term thereof in special register and link it to the unified vehicle impoundment system once it is created or any other records created by the Police or Authority for this purpose.
2- Notify the complex of the updates in respect of vehicle seizure or impoundment procedures in order to follow up its impoundment procedures.
3- Vehicles impounded by decision from the Commander in Chief or whom he authorizes shall be subject to the same procedures stipulated in article (6) of this regulation.
Article (10)
Charges, expenses and fines resulted from vehicle impoundment shall be collected from proceeds of its sale and they may be collected or complete payment thereof under a claim issued by Director General of the Authority against vehicle’s owner. If the vehicle had been impounded by judicial order or judgment, the claim shall be issued against the person whom the judgment compelled to pay the expenses and this claim shall be considered writ of execution to be executed by the competent execution judge in accordance with provisions of Civil Procedures Law.
Article (11)
By decision from Commander in Chief, a committee shall be set to consider vehicles abandoned in vacant plot owned by individuals and issue recommendations to dispose thereof and the decision shall determine the committee composition and work mechanism.
Article (12)
Abandoned Vehicles Disposition Committees shall hold its meetings in presence, remotely or by circulation and it may set monthly dates to sell the vehicles.
Article (13)
Costs of driving forward, lifting or towing motor vehicle or bicycle to vehicle impoundment complex shall be collected according to the cost determined by Police or specified in contracts concluded with individuals to do that.
Article (14)
Commander in Chief shall promulgate necessary decisions to implement this Regulation.
Article (15)
This Regulation shall come into force from date of its promulgation and be published in the Official Gazette.
Mohammed Bin Saud Bin Saqr Al Qasimi
Crown Prince of Ras Al Khaimah &
President of Executive Council
Promulgated by us on this day eighteenth of Rajab 1445H.
Corresponding to thirtieth of January 2024G.