Law No. (15) of 2023 On Regulating Vehicle Parking in Emirate of Ras Al Khaimah
We, Saud Bin Saqr Bin Mohamed Al Qasimi
Ruler of Ras Al Khaimah
After perusal of the Constitution;
And Federal Law No. (21) of 1995 on Traffic, as amended;
And Ras Al Khaimah Municipality Law of 1981, as amended;
And Law No. (7) of 2012 on Establishing Executive Council in Emirate of Ras Al Khaimah;
And Law No. (8) of 2016 on Regulating Practice of Economic Activities in Ras Al Khaimah;
And Law No. (2) of 2017 on Establishing Ras Al Khaimah Economic Zones & The Supervising Authority, as amended;
And Law No. (3) of 2017 on Establishing Public Services Department, as amended;
And Law No. (3) of 2018 on Occupying Road Sidewalks & Outdoor Yards;
And Law No. (2) of 2021 on Changing Land Use, Planning Requirements Thereof and Permitted Use for Buildings;
And Law No. (10) of 2023 on Seizing, Placing & Disposing Vehicles;
And Emiri Decree No. (1) of 2008 on Ras Al Khaimah Transport Authority;
And Emiri Decree No. (6) of 2015 on Establishing General Resources Authority in Ras Al Khaimah;
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 stipulates:
State: United Arab Emirates.
Emirate: Emirate of Ras Al Khaimah.
Council: Executive Council of the Emirate.
Department: Public Services Department.
President: Department President.
Director-General: Department Director-General.
Government Authority: Any government authority belongs to Federal Government or Ras Al Khaimah Government.
Impounding Complex: Vehicle Impounding Complex of General Resources Authority.
Vehicle: Any mechanic machine, bicycle, motorcycle, vehicle or any other device runs on the road by mechanical power or any other means.
Public Parking: Place determined according to planning requirements in the emirate for vehicles parking which Department manages and supervises.
Private Parking: Place owned by a person or an authority used as vehicles parking in consideration of charge, by virtue of prior permit from the Department.
Subscription Fare: An amount to be collected monthly or annually in consideration of parking the vehicle in any of the public parking in the emirate.
Parking Fare:
An amount to be collected in consideration of parking the vehicle for specified period in public parking.
Parking Reservation Permit: A permit granted by Department to specified authorities, by which public parking shall be allocated therefor or slots therein.
Public Parking Reservation Fare: An amount to be paid in consideration of reserving a slot in public parking for specified period of time.
Automatic Collection Device: An electronic device used to pay vehicle parking fare and generate paper receipt or electronic notice thereof.
Article (2)
Provisions of this law shall apply to public and private parking and users thereof in the emirate.
Article (3)
Department shall take over the following competences:
1- Submit suggestions, in respect of determining the necessary areas to construct public parking and locations thereof, to Planning Requirements Committee in Municipality Department.
2- Design, construct, manage and supervise public parking, whether by itself or in partnership with third party and it is entitled to entrust this to Public Works Corporation or individuals licensed to do so.
3- Permit permanent or temporary removal of part of public parking or move devices and boards thereof, including parking fare collection device to another place.
4- Permit installing shelters on reserved slots in public parking.
5- Determine slots in public parking that are designated for vehicles of ambulance, civil defense, police, public transport, taxi, people of determination, environment friendly vehicles and other vehicles of any other category.
6- Determine slots where it is prohibited to park vehicles inside public parking.
7- Prepare schedules of public parking fare which shall be issued by resolution from the President.
8- Determine means of paying parking fare in public parking.
9- Permit individuals to construct, manage and supervise private parking.
Article (4)
It is prohibited to park vehicles in public parking without paying parking fare, with exception of the following:
1- Parking at times exempted from fare, particularly on feasts and official holidays.
2- Vehicles of ambulance, police, civil defense, armed forces, people of determination, children of martyrs and any other vehicles to be determined by resolution from the President.
Article (5)
1- Department shall apply monthly or annually subscription system to use public parking against subscription fare according to terms and controls issued by resolution from Director-General.
2- Subscriber shall receive subscription card as per type and term of subscription and this card may be substituted by any other means determined by the Department.
Article (6)
1- Department may permit individuals or any government or non-government authority to reserve the public parking according to terms and controls issued by resolution from Director-General.
2- Individuals, government or non-government authorities may apply to the Department for approval on constructing shelter for public parking reserved and allocated thereto at their own expense after obtaining determined governmental approvals, particularly approval of Ras Al Khaimah Municipality Department.
Article (7)
It is prohibited to move or remove any part of a public parking, permanently or temporarily without obtaining permit from the Department.
Article (8)
It is prohibited for any person to practice any economic activity in public parking without obtaining prior permit from the Department and license to practice the activity from licensing authority, and Licensee should abide by limits of the permit issued thereto and not to practice any activities beyond limits thereof.
Article (9)
Department is entitled to permit any person to construct and manage private parking according to the following conditions:
1- Obtain approval of Ras Al Khaimah Municipality Department on using the place as private parking.
2- Existence of trade license to practice private parking management activity.
3- Provide to the Department documents and details to be determined by resolution from Director-General.
4- Abide by technical specifications and requirements approved with the Department.
5- Pay scheduled fees and cost of preparing the site by the Department to be used as private parking, in the event it does so.
6- Deposit cash guarantee in favor of the Department to be determined by resolution from Director-General.
7- Any other technical requirements to be determined by resolution from Director-General and conform with objectives of this law.
Article (10)
Department is entitled to cancel any of the permits issued thereby for private parking in case of violating any of the requirements stipulated by provisions of this law and resolutions issued in implementation thereof or according to what public interest requires provided following the follows:
1- Notify the person whose license to be cancelled within no less than thirty days prior to issuance of cancellation decision.
2- Cancellation shall be issued by a reasoned decision from Director-General.
3- Refund the paid fare for the remaining period of the permit, unless cancellation is due to violating provisions of this law and resolutions issued in implementation thereof.
Article (11)
Department may manage parking of public or private authorities within the State by virtue of a contract concluded with such authorities in which term of contract and rights and obligations of its two parties shall be determined.
Article (12)
It is not permissible to remove or move automatic collection devices or guiding boards of parking without obtaining permit for this from the Department according to terms and procedures to be issued by resolution from Director-General.
Article (13)
Department shall issue parking permits for residences upon a request submitted by owner or tenant of the property and the following shall be attached thereto:
1- Application fees payment receipt.
2- Copy of property title deed or lease contract as the case may be.
3- Any other documents determined by resolution from Director-General.
Article (14)
Department inspectors shall have law officers’ capacity in proving all acts occurred in violation of provisions of this law and resolutions issued in implementation thereof, make necessary violation reports, impound vehicles and place them in impounding complex, use approved technical devices and means to monitor public and private parking and in order to do so, they are entitled to seek assistance of Police Headquarters when necessary.
Article (15)
Director-General shall issue resolution to determine procedures and mechanisms to impound vehicles and place them in impounding complex in application of provisions of this law and resolutions issued in implementation thereof.
Article (16)
In case of selling the impounded vehicles, in application of provisions of Law no. (10) of 2023 on Seizing, Placing and Disposing Vehicles, all expenses, fees and fines due to the Department shall be deducted from sale price and if the sale price is insufficient to cover the Department’s dues, the difference shall be collected from owner thereof.
Article (17)
The concerned party may grieve within ten days from the date of making violation report, if the violator is present or from the date of notifying him of the violation if he is absent. Grievance shall be presented on the form assigned thereto and to be considered before the Committee formed according to provision of article 18 of Law no. (3) of 2017 on Establishing Public Services Department.
Article (18)
Fees schedule which is attached to this law shall be approved and the amendment thereof shall be by resolution from the Council based on suggestion from the President.
Article (19)
Without prejudice to any more severe punishment stipulated by other law, each person violates provisions of this law and resolutions issued in implementation thereof, shall be punished by a fine not exceeding fifty thousand dirhams, and the fine shall be doubled in case of repeating the violation during one year from the date of committing it.
President shall issue schedule of violations of this law’s provisions and fines thereof provided they do not exceed the maximum limit of the fine determined in this article.
Article (20)
In addition to fine penalty referred to in article (19) of this law, Department shall be entitled, in coordination with competent authorities in the emirate, to take any of the following procedures against the violator:
1- Close unlicensed parking.
2- Compel vehicle’s owner to pay double of unpaid parking fare.
3- Remove reasons of violation at the expense of the violator.
Article (21)
The proceeds of fees and fines due from applying provisions of this law and resolutions issued in implementation thereof shall devolve upon Department’s treasury and collection of the unpaid thereof shall be by a claim to be issued by Director-General indicating name of Debtor, his legal representative, if any and amount of fare or fine. This claim shall be considered writ of execution that shall be executed by competent execution judge according to Civil Procedures Law.
Article (22)
Department is entitled to reconciliate with violator in case he paid half of the scheduled fine after removing reasons of violation.
Article (23)
The Council shall, upon suggestion of Department, issue executive regulation of this law.
Article (24)
This Law shall come into force as date of its promulgation and be published in the Official Gazette.
Saud Bin Saqr Bin Mohamed Al Qasimi
Ruler of Ras Al Khaimah
Promulgated by us on this day twenty-third of Rabie Al Akher 1445H.
Corresponding to seventh of November 2023G.