Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways
- Law Type: Federal Law
- Law Number: [no number provided]
- Issued Date: 07 Feb 2022
- Effective Date: 07 Feb 2022
- Official Gazette: No. 721
- Sector: Energy, Transport and Infrastructure
- Status: Active
- Number of Articles: 105
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for Federal Law No. (8) of 2020 Concerning Regulating Railways. The law regulates the development, operation, and maintenance of the federal railway network in the UAE, including safety requirements, licensing of infrastructure managers and operators, and enforcement powers. The legislation is important for businesses and individuals involved in the railway sector, as it sets out the legal framework and obligations for operating railway services in the UAE. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022)
What is the scope and purpose of this law?
The provisions of this Resolution apply to the "Federal Railways" connecting the Emirates of the UAE with each other or which are connected to railways outside the UAE, and to the persons in charge of developing, operating, regulating and maintaining these railways, as well as operators and users of the federal railway services. The Resolution does not apply to railways governed by local authorities. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: The United Arab Emirates
- Emirate: Any Emirate of the UAE
- GCC Countries: Member States of the Gulf Cooperation Council
- Ministry: The Ministry of Energy and Infrastructure
- Competent Authority: The federal or local government authority, or the company in which the federal or local government holds a stake
- Railway: Railway transportation systems used for transporting passengers and/or goods, governed by specific routes designated for operating on single or multiple rails or any other specific system designated as railways
- Federal Railways: A railway network designated by the Cabinet, connecting the Emirates or connected to a railway network outside the UAE
- Gulf Railways: Railways which connect two or more GCC Countries
- License: The official document issued by the Ministry for the management of infrastructure or operation of railway services
- Infrastructure Manager: A legal person responsible for the possession, development, management, operation, and maintenance of any part of the infrastructure
- Operator: A legal person licensed to provide the railway services
- Inspector: An employee of the Ministry authorized to monitor the safety of railway services or assets
(Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations: 1. The Infrastructure Manager and Operator must obtain a license from the Ministry before conducting their business. The license is subject to conditions related to technical competence, solvency, and appropriate insurance coverage. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 5) 2. The Infrastructure Manager and Operator must have an end-to-end management system and the necessary technical knowledge and expertise for their respective operations. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 6) 3. The Infrastructure Manager and Operator must prove their solvency and provide financial information to the Ministry. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 7) 4. The Infrastructure Manager and Operator must maintain appropriate liability insurance coverage. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 8)
What licensing, registration, or approval requirements exist?
The Resolution requires the Infrastructure Manager and Operator to obtain a license from the Ministry before conducting their business. The license is subject to the following conditions: 1. Appropriate technical competence 2. Solvency 3. Appropriate liability insurance coverage The Ministry is responsible for issuing the licenses and assessing compliance with the licensing conditions. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 5-9)
Which authorities or bodies are responsible for enforcement?
The Ministry of Energy and Infrastructure is responsible for the enforcement of this Resolution. The Ministry's key roles and powers include: 1. Issuing licenses to the Infrastructure Manager and Operator 2. Issuing safety permits to the Infrastructure Manager and Operator 3. Authorizing Inspectors to monitor the safety of railway services and assets 4. Issuing notices to remedy violations and prohibition notices to suspend unsafe activities 5. Suspending or revoking safety permits (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 16-46)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. The legislation only empowers the Ministry to issue notices to remedy violations and prohibition notices to suspend unsafe activities, as well as to suspend or revoke safety permits issued to the Infrastructure Manager and Operator. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 43-46)
What fees, charges, or financial provisions are specified?
The Resolution does not specify any fees, charges, or other financial provisions related to the licensing or operation of the federal railways. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022)
What exemptions or exceptions apply?
The Resolution states that it does not apply to railways governed by local authorities in the UAE. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 2)
How are disputes resolved under this law?
The Resolution does not specify any dispute resolution mechanisms or procedures. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022)
What are the key deadlines and time limits?
The Resolution does not specify any deadlines or time limits, except for the following: 1. The Infrastructure Manager and Operator must prove their solvency based on their financial information for the next 12 months. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 7) 2. The Ministry may grant an extension to the Infrastructure Manager or Operator to remedy a violation identified by an Inspector. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Art. 44)
How does this law interact with other UAE legislation?
The Resolution references the following related UAE legislation: 1. The Constitution 2. Federal Law No. (1) of 1972, on the Competences of Ministries and the Powers of Ministers, as amended 3. Federal Decree-Law No. (2) of 2009, Establishing Etihad Rail Company, as amended 4. Federal Law No. (8) of 2020, Regulating Railways, as amended (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Preamble)
When did this law come into effect?
This Cabinet Resolution came into effect on 07 February 2022, the same date it was issued. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways, 2022, Issued Date and Effective Date)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Regulating Railways for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.