Hamdan bin Mohammed issues resolution regulating 'right-of-way'

According to the resolution, the Traffic and Roads Agency of the Roads and Transport Authority (RTA) will be in charge of overseeing the right-of-way and the areas surrounding it.

As per the Resolution, it is strictly prohibited to conduct work on the right-of-way and the areas surrounding it before obtaining a permit or non-objection letter. In emergency cases, government entities are required to notify the Agency within 24-hour of conducting the works on the right-of-way.

Any work conducted on the right-of-way must be in accordance with the regulations and technical specifications, as well as in line with the health and safety standards.

According to the Resolution, it is not permitted to use the pavement without obtaining a permit. Government entities will be allowed to use the pavement for emergency cases, provided they notify the Agency within 24-hour.

The Resolution stipulates that the Director-General of RTA will determine which areas of the pavement can be used. The areas should not obstruct pedestrian traffic or disrupt public services.

The Director-General of RTA will also decide on the requirements to obtain a permit, which will be valid for one year and renewable for the same period. Permits can be issued with a validity period of less than a year when needed. The permit fee must not be less than AED1,000.

As per the Resolution, the commercial use of the right-of-way requires RTA’s prior approval. It will also be subject to regulations as per a contract agreement between RTA and the entity using the road. The terms and conditions of the contract must be approved by the Director-General of RTA in coordination with the Department of Finance in Dubai.

The Resolution stipulates that vehicles are prohibited from parking on the right-of-way in a manner that can cause danger to road users. The Roads and Transport Authority is authorised to take necessary action to lock, tow, or impound vehicles violating the rules as well as impose fines on violators, who will also be subject to an additional admin fee of 25 percent. Impounded vehicles that are not released will be subject to Law No. 23 of 2015 regulating the disposition of impounded vehicles in the Emirate of Dubai.

According to the Resolution, the Agency will create a ‘Black List’ registry that will determine details on managing black points issued to violators.

RTA’s Traffic and Roads Agency can revoke or modify permits and non-objection letters. In coordination with Dubai’s Department of Finance, the Agency will be in charge of refunding part of the fee paid for the permit or non-objection letter in the case of a cancellation or modification.

Any objections or complaints against a decision must be filed within 30 days from its issuance.

This Resolution annuls Regulation No. (1) of 2006 on occupying/ using pavements of roads and external areas of buildings and shops, and Regulation No. (4) of 2009 on the regulation of work on the Right of Way, and Executive Council Resolution No. (18) of 2012. This Resolution annuls any other decision that may contradict with it.

The Resolution will be effective within 90 days from the date of issuance and will be published in the Official Gazette.