Legislation Details
- Full Title: Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation
- Law Type: Cabinet Resolution
- Law Number: No. (138) of 2023
- Issued Date: 29 Dec 2023
- Effective Date: 01 Feb 2024
- Official Gazette: No. 767
- Sector: Energy, Transport and Infrastructure
- Status: Active
- Number of Articles: 19
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the weights and dimensions of heavy vehicles in the UAE and the administrative penalties for violations. It aims to ensure the safety and integrity of the UAE's road infrastructure by setting maximum limits for vehicle weights and dimensions. The Resolution is significant for businesses and individuals operating heavy vehicles in the UAE, as non-compliance can result in substantial fines and even vehicle seizure. The practical impact is to promote responsible and safe transportation practices, protecting both the roads and other road users. (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate the weights and dimensions of heavy vehicles in the UAE and the administrative penalties for violations. It applies to "every means of land transportation designed to transport goods whose empty weight exceeds (2,5) Two and a half Tons, and does not include means of transportation designed to travel on railway." (Art. 1) The purpose is to ensure the safety and integrity of the UAE's road infrastructure by setting maximum limits for vehicle weights and dimensions. (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Art. 1-2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates
- Ministry: Ministry of Energy and Infrastructure
- Minister: Minister of Energy and Infrastructure
- Competent Authority: Federal or Local Authority Competent to issue vehicle licences, manage the road network and its components, including bridges and tunnels, or manage traffic
- Heavy Vehicle: Every means of land transportation designed to transport goods whose empty weight exceeds (2,5) Two and a half Tons, and does not include means of transportation designed to travel on railway
- Load: Goods and commodities, or loads of distinctive descriptions and loads
- Locomotive: A mechanical, motorised machine designed to tow a Trailer or Semi-Trailer
- Semi-Trailer: A Trailer without a Front Axle linked in such a way that a significant portion of its weight and the weight of its load are carried by the Tractor or mechanical vehicle
- Trailer: A vehicle designed to attach to a mechanical vehicle or tractor
- Tractor: A self-propelled vehicle designed to tow or push trailers, tools, or machinery
- Single Axle: Axle separated from the other axes, or the distance between it and the other Axles in the Axle group is not less than (2.0) Two metres
- Tandem Axle: A group of interconnected axes, the distance between each of which is not less than One metre and not more than Two (2.0) metres
- Weighing Station: A fixed or mobile station equipped with the necessary tools and devices to monitor Heavy Vehicle compliance with the weights specified in accordance with this Resolution
- Single Trip: The trip undertaken by a Heavy Vehicle within the geographical area supervised by the Ministry or the Competent Authority, within a period of time not exceeding (24) twenty-Four hours
(Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this Resolution are: 1. Heavy vehicles must not exceed the maximum total and axle weights specified in Tables 1 and 2 of Annex 1. (Art. 2(1)) 2. Heavy vehicles must not exceed the maximum dimensions specified in Table 3 of Annex 1. (Art. 2(2)) 3. Heavy vehicles may only exceed the maximum weights and dimensions in cases of non-divisible loads, subject to obtaining a transportation permit from the Ministry or Competent Authority. (Art. 3(1)) 4. Applicants must meet certain conditions to obtain a permit for transporting non-divisible loads, such as demonstrating no practical alternatives and ensuring safety. (Art. 3(1)) 5. The Minister or head of the Competent Authority shall determine the requirements and procedures for issuing permits for non-divisible loads. (Art. 3(3)) (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Arts. 2-3)
What are the penalties for non-compliance?
The Resolution imposes the following administrative penalties for violations: 1. Administrative fines may be imposed on heavy vehicles that commit any of the violations specified in Annex 2. (Art. 4(1)) 2. The Ministry or Competent Authority may not impose more than one fine for the same violation committed during a single trip, even if monitored multiple times. (Art. 4(2)) 3. If a violation of exceeding the maximum total weight and a violation of exceeding the maximum axle weight occur during a single trip, the maximum fine shall apply. (Art. 4(3)) 4. If the violations specified in Clauses 1-6 of Annex 2 are repeated within one month or the unpaid fines exceed AED 45,000, the Competent Authority may seize the heavy vehicle or prevent its operation on the roads for up to 30 days. The owner may be exempted from seizure by paying a fine of at least AED 200 per day of the scheduled seizure and clearing the unpaid fines. (Art. 4(4)) (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Art. 4)
What are the appeal procedures?
Any person with capacity and interest may file an appeal with the Minister, the head of the Competent Authority, or their authorized representative against any decision or action taken against them. The appeal must be in writing, reasoned, and accompanied by supporting documents. The appeal will be decided within 30 days of submission, in accordance with the procedures in force at the Ministry or Competent Authority. (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Art. 5)
What fees, charges, or financial provisions are specified?
The Resolution does not specify any fees, charges, or other financial provisions, apart from the administrative fines for violations. The Competent Authority is responsible for collecting the fines, and the value of the fines collected shall be transferred to the entity responsible for managing the road network and its components. (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Art. 6)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Resolution are: 1. The Minister of Energy and Infrastructure 2. The head of the Competent Authority (federal or local authority responsible for vehicle licensing, road network management, and traffic management) 3. Any person authorized by the Minister or head of the Competent Authority These authorities are responsible for imposing administrative fines, issuing permits for transporting non-divisible loads, and seizing vehicles in case of repeated violations or unpaid fines. (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Arts. 3-4, 7)
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued under the authority of the following UAE federal laws: - Federal Law No. (1) of 1972, Concerning the Competences of Ministries and the Powers of Ministers - Federal Law No. (21) of 1995, Concerning Traffic and amendments thereto - Federal Law No. (14) of 2016, Concerning Administrative Violations and Penalties in the Federal Government - Federal Decree-Law No. (12) of 2023, Regulating the Weights and Dimensions of Heavy Vehicles The Resolution repeals any provision that violates or contradicts its own provisions. (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Preamble, Art. 8)
When did this law come into effect?
This Cabinet Resolution was issued on 29 December 2023 and will come into force on 1 February 2024, as stated in Article 9. It will be published in the Official Gazette No. 767. (Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation, 2023, Art. 9)
Source Documents
This article analyses Cabinet Resolution Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation 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.