Law No. (10) of 2023 On Impounding, Placing and Disposing Vehicles We, Saud Bin Saqr Bin Mohammed Al Qasimi Ruler of Ras Al Khaimah After perusal of Constitution; And 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 Promulgation of 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. (4) of 2019 on Impounding, Placing and Disposing Vehicles; And Emiri Decree No. (6) of 2015 on Establishing General Resources Authority in Ras Al-Khaimah. have promulgated the following Law: Article (1) In application of provisions of this law, the following words and phrases shall have the meanings indicated opposite thereto, unless the context requires otherwise: Emirate: Ras Al Kaimah. Council: Executive Council of the Emirate. Police: Ras Al Khaimah Police General Headquarters. Authority: General Resources Authority – Ras Al Khaimah Government. Board: Board of the Authority. Complex: Vehicle Impound Complex in the Emirate. Commander in Chief: Ras Al Khaimah Police Commander in Chief. Vehicle: Any mechanical machine, normal bike, motorbike, car or any other device operates on the road by mechanical force or any other means, including tractor and trailer. Outdoor Yards: Each urban space isolated from vehicles movement located in front of or within buildings, or next to public roads and form part of the urban appearance of the place and where individuals can practice some life activities therein with no need for special permission. Road: Each path opened for public traffic with no need for special permission. Article (2) The provisions of this law shall apply to all vehicles impounded and abandoned in the Emirate except those owned by the government and authorities thereof. Article (3) In applying provisions of this law, the vehicle shall be considered abandoned in any of the following cases: 1- Leave the vehicle in outdoor yards, roads or vacant plots owned by the government in a condition that distorts the public appearance or is dangerous to individuals or properties or for a period exceeds ten days from the date of notifying owner thereof to remove reasons of violation. 2- Leave the vehicle in impound yard after lapsing of fifteen days from the date in which the impounding authority notifies vehicle’s owner of clearing away of impoundment reasons. 3- Leave the vehicle in public or private parking opened for the public after lapsing of the period announced to keep the vehicles in such parking. 4- Leave the vehicle in vacant plot owned by individuals in a condition that distorts the public appearance for a period exceeds three months from the date of notifying its owner to remove reasons of violation. 5- Leave the vehicle in residential complexes by those who are not residents therein for a period exceeds one month from the date of notifying its owner to remove it. Article (4) Police shall take the following procedures in respect of vehicle abandoned outside the complex: 1- Examine the vehicle; state its descriptions, inspect it and inventory belongings that may be found therein and make report in respect thereof. 2- Keep the belongings therewith as (trusts) and move the vehicle to the complex. 3- Notify vehicle owner and holders of rights thereon with Traffic and Patrols Department of incident of moving the vehicle to impound complex. However, if vehicle’s data, owner or holders of rights thereon are not found in traffic system, it shall be sufficient to publish it by an electronic means that achieves popularity and spread. The police may seek assistance of public and private authorities licensed in the Emirate in performing some tasks stated in this article. Article (5) Notification to vehicles’ owners and holders of rights thereon shall be effective if made to their physical or electronic addresses or phone numbers registered in the traffic system and any cancellation or amendment to such data not registered in the traffic system shall not be considered. Article (6) The Authority shall equip and manage the complex by itself or in participation with third parties, in coordination with authorities related to vehicle impoundment. Therefore, a resolution determining fees and expenses of placing the vehicles in accordance with provisions of this law shall be issued by the Board. Vehicle impound yards may not be licensed or renewed for third party except by special permit from the police after considering the security and traffic condition at license site. Article (7) Electronic Government Authority shall produce a unified electronic system for operational and financial processes of impounding and disposal of vehicles and provide technical support thereto, in cooperation with police, Authority and bodies related to vehicle impoundment. Article (8) All authorities, that are legally authorized to seize or impound vehicles, should prepare electronic register for such vehicles in which details thereof and seizure or impoundment deed, date and duration thereof shall be recorded and link the same to the unified system after completing its data. Article (9) Without prejudice to provisions of Federal Law no. (21) of 1995 on Traffic, the Executive Council shall, upon suggestion from Commander in Chief, issue resolution of vehicles administrative impoundment cases, conditions of lifting it and charges thereof. According to provisions of this article, the impounded vehicle shall be considered abandoned if owner thereof did not take the necessary procedures to lift impoundment or receive the vehicle after expiry of impoundment period. Article (10) The vehicle, impounded by decision issued by judicial or administrative authority, shall be placed in the complex and it may be impounded electronically or with its owner or impoundment applicant or any other person, in cases for which a decision is issued by the Commander in Chief, subject to approval of judicial authority if impoundment decision was issued thereby. Vehicle garnishee shall be deemed guardian thereon and shall be punished by wasting penalty in the event he took any action that shall damage the vehicle or obstruct procedures of disposing it. Article (11) No vehicle may be placed in the complex, in application of this law’s provisions, except based on placing deed stating sufficient details to verify its date, reason and issuing authority. In all cases, the police should, within fifteen working days from the date of placing the vehicle in the complex, notify the authority, which decided to place the vehicle, to determine ways of disposal thereof. Article (12) By decision from Commander in Chief, a committee shall be set and named as “Abandoned Vehicles Disposition Committee” and such decision shall determine its composition and work mechanism and shall have the following competences: 1- Verify the legal deed of vehicles placed in the complex. 2- Transfer vehicle required to be impounded in favor of authorities outside the Emirate to nearest place of those authorities. 3- Count abandoned vehicles and prepare lists thereof including fees, expenses and fines due from each of them and notify their owners and holders of rights thereon to take procedures of receiving them within fifteen days from date of notifying them and sell vehicles, which owners did not take procedures to receive them, in public auction after expiry of notice period. 4- Issue decisions to sell abandoned vehicles by public auction and deliver official copy thereof to the purchaser through the police. 5- Collect the difference of due fees and expenses from the owner in case the sale price did not cover the same. 6- Present periodical reports to Commander in chief on work progress and obstacles thereof and ways to overcome the same. 7- Any other tasks that conform to nature of its competences. And in performing its competences, the Committee may seek the help of experienced and specialized persons as it deems appropriate, and it may undertake the process of selling the vehicles in public auction by itself or jointly with third parties or entrust this to any public or private body. Article (13) In cases other than those in which vehicles had been impounded by resolution from judicial authorities, the Committee should initiate to sell the vehicles placed in the complex in one of the following two cases: 1- Failure to infer its details or holders of rights thereon from the traffic system. 2- If continuous impoundment thereof shall result in its damage over time or expenses that exceed its value and the impounding authority did not initiate to dispose thereof in spite of notifying it. Article (14) Vehicles, which nobody initiated to outbid them or may not be licensed or became not technically valid for licensing and vehicles bodies and components, shall be disposed of according to controls, terms and procedures issued by decision from Commander in Chief. Article (15) Existence of fees, charges, fines or financial obligations due from the abandoned vehicle shall not prevent disposal thereof according to provisions of this law. Article (16) 1- Charges and fines that are due on the vehicles may be paid in installments and handed over to their owners under terms and cases issued by decision from Commander in Chief. 2- Owner of vehicle shall have the right to recover it before completing sale thereof, provided that he shall pay all fees, charges and fines incurred thereby at time of recovering it. Article (17) 1- The amount collected from the sale of vehicle shall be deposited in special account with Government of Ras Al Khaimah after deducting fees, charges, fines and expenses resulted from the impoundment process. 2- Claim for the deposited amount shall be abated by elapsing of five years from the date of depositing it and shall devolve upon Public Treasury. Article (18) The rights on the vehicle shall be transferred to the remainder of proceeds of its sale and title thereof shall be devolved upon purchaser according to provisions of this law, free from any financial obligations due to third party. However, sale minutes shall be considered as a deed of its title transfer and all authorities shall lift restrictions on disposal thereof. Article (19) A schedule of fees and another of the violations, fines and measures determined therefor shall be issued by a resolution from the Council, based on Commander in Chief suggestion. Article (20) Proceeds of fees, charges and fines resulted from applying provisions of this law shall devolve upon police and Authority, each within competence thereof. Article (21) Fees, charges, expenses and fines resulted from vehicle impoundment shall have privilege of judicial expenses and be deducted from proceeds of selling the vehicle and they may be collected or pay the remainder thereof under a claim issued by Director General of the Authority against vehicle owner. If the vehicle is impounded by judicial order or judgment, the claim shall be issued against the person whom the judgment compelled him 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 (22) The Commander in Chief shall undertake the following: 1- Prepare draft executive regulation that shall be promulgated by resolution of the Council. 2- Prepare quarterly report to be presented to Executive Council Chairman on vehicles impoundment and disposal thereof and what had been performed according to developed plans and programs and performance obstacles and proposed solutions to solve them. Article (23) 1- Law no. 4 of 2019 on Impounding, Placing and Disposing Vehicles shall be repealed. 2- Each provision that contradicts with provisions of this law shall be repealed. 3- Resolutions, regulations and circulars applicable before provisions of this law come into force shall continue to be applied in a manner that does not contradict with provisions thereof till issuance of replacement thereof. Article (24) This law shall come into force from date of its promulgation and be published in the Official Gazette. Saud Bin Saqr Bin Mohammed Al Qasimi Ruler of Ras Al Khaimah Promulgated by us on this day twenty fifth of Dhul Hijjah 1444H. Corresponding to Thirteenth of July 2023G.