Legislation Details
- Full Title: Federal Law on Regulating Railways
- Law Type: Federal Law
- Law Number: (8) of 2020
- Issued Date: 28 May 2020
- Effective Date: 01 Jun 2020
- Official Gazette: No. 679
- Sector: Energy, Transport and Infrastructure
- Status: Active
- Number of Articles: 103
- Chapters/Parts: 8
- Amendments: 1
Summary
This Federal Law regulates the development, operation, and maintenance of the UAE's federal railway network. It establishes the legal framework for licensing infrastructure managers and railway operators, setting safety standards, and overseeing the railway system. The law aims to facilitate interoperability with the Gulf railway network and encourage the use of rail transport for passengers and freight within the UAE. It is a significant piece of legislation that will shape the future of the country's railway infrastructure and services. (Federal Law on Regulating Railways, 2020) The law is important for businesses and individuals in the UAE as it sets the rules and requirements for accessing and using the federal railway system. It outlines the obligations of infrastructure managers and operators, the safety standards they must meet, and the penalties for non-compliance. Understanding this legislation is crucial for any company or individual seeking to utilize the UAE's railway network for transportation of goods or passengers. (Federal Law on Regulating Railways, 2020)
What is the scope and purpose of this law?
The Federal Law on Regulating Railways applies to the UAE's federal railway network, including those responsible for developing, operating, regulating, and maintaining it, as well as the operators of federal railway services and the users of the system. (Federal Law on Regulating Railways, 2020, Art. 2) The law aims to: 1) regulate, develop, operate, maintain, and establish the federal railway in accordance with international standards; 2) facilitate interoperability with railway assets and services in the GCC countries; 3) achieve a high level of structural and operational safety for the federal railway; 4) encourage and support the use and development of the federal railway for transporting goods and passengers; and 5) encourage, support, and publish standards for environmental protection and sustainable development. (Federal Law on Regulating Railways, 2020, Art. 3)
What are the key definitions under this law?
The law provides the following key definitions:
- The State/UAE: The United Arab Emirates
- The GCC Countries: The member states of the Cooperation Council for the Arab States of the Gulf
- The Ministry: The Ministry of Energy and Infrastructure
- The Federal Railway: The railway designated by the Cabinet that connects the emirates of the UAE or is connected to a railway outside the UAE's borders, and its associated facilities and land
- The Infrastructure: The railway assets, except for railway vehicles
- The Infrastructure Manager: A legal person responsible for possessing, developing, managing, operating, and maintaining any part of the infrastructure, except for the provision of railway services
- The Operator: A legal person licensed to provide railway services
- The Inspector: An employee of the Ministry authorized to verify the safety of railway services or assets and conduct technical investigations
- The Safety Permit: The approval issued by the Ministry to approve the safety management system of any infrastructure manager or operator
(Federal Law on Regulating Railways, 2020, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations: 1. No person shall act as an infrastructure manager or railway operator without obtaining a license from the Ministry. (Federal Law on Regulating Railways, 2020, Art. 6) 2. The infrastructure manager and operator must comply with safety requirements and obtain a safety permit from the Ministry. (Federal Law on Regulating Railways, 2020, Arts. 21-25) 3. The infrastructure manager and operator must ensure the safety and security of the federal railway. (Federal Law on Regulating Railways, 2020, Art. 28) 4. The Ministry must develop and update policies and systems related to the safety of the federal railway. (Federal Law on Regulating Railways, 2020, Art. 4(3)) 5. The Ministry must conduct technical investigations into rail incidents and accidents and submit the results and recommendations to the competent authorities. (Federal Law on Regulating Railways, 2020, Art. 4(9))
What licensing, registration, or approval requirements exist?
The law requires the following licensing and approval requirements: 1. Infrastructure managers and railway operators must obtain a license from the Ministry to operate. (Federal Law on Regulating Railways, 2020, Art. 6) 2. Infrastructure managers and operators must obtain a safety permit from the Ministry to approve their safety management system. (Federal Law on Regulating Railways, 2020, Arts. 24-25) 3. Operators from GCC countries may be exempted from the licensing requirement under certain conditions. (Federal Law on Regulating Railways, 2020, Art. 9) 4. The Ministry must set the conditions and procedures for issuing licenses and safety permits and monitor compliance. (Federal Law on Regulating Railways, 2020, Arts. 4(5), 4(6))
What rights and protections does this law provide?
The law does not explicitly outline any specific rights or protections granted to individuals, workers, businesses, or other parties. The focus of the legislation is on regulating the development, operation, and safety of the federal railway system. (Federal Law on Regulating Railways, 2020)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Ministry of Energy and Infrastructure, which has the competences to regulate, control, and oversee the federal railway system. (Federal Law on Regulating Railways, 2020, Art. 4) 2. The Minister of the Ministry of Energy and Infrastructure, who serves as the Chairman of the Board and has various powers under the law. (Federal Law on Regulating Railways, 2020, Art. 1) 3. The Competent Ministry, which is defined as the federal or local government entity or company in which the federal or local government has a stake. (Federal Law on Regulating Railways, 2020, Art. 1) 4. The Inspector, who is an employee of the Ministry authorized to verify safety, conduct technical investigations, and issue notices. (Federal Law on Regulating Railways, 2020, Arts. 1, 31)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. The legislation focuses on the regulatory and oversight framework for the federal railway system, but does not outline any enforcement mechanisms or sanctions. (Federal Law on Regulating Railways, 2020)
What fees, charges, or financial provisions are specified?
The law states that the Ministry shall set the service charges for the federal railway. (Federal Law on Regulating Railways, 2020, Art. 32) It also requires the Ministry to set the freight and passenger tariffs for the federal railway services. (Federal Law on Regulating Railways, 2020, Art. 33) However, the legislation does not provide any further details or specifics on the amounts of these fees, charges, or tariffs. (Federal Law on Regulating Railways, 2020)
What exemptions or exceptions apply?
The law states that operators from GCC countries may be exempted from the licensing requirement to operate on the federal railway, subject to certain conditions set out in the Executive Regulations. (Federal Law on Regulating Railways, 2020, Art. 9) Additionally, the law provides that certain entities may be exempted from the requirement to obtain a safety permit, as specified in the Executive Regulations. (Federal Law on Regulating Railways, 2020, Art. 26) Beyond these two exemptions, the legislation does not outline any other exceptions or exclusions from its scope or requirements. (Federal Law on Regulating Railways, 2020)
How are disputes resolved under this law?
The law states that the Ministry shall settle disputes related to railway assets and services, as set out in the Executive Regulations. (Federal Law on Regulating Railways, 2020, Art. 4(11)) However, the legislation does not provide any further details on the specific dispute resolution mechanisms or procedures to be followed. (Federal Law on Regulating Railways, 2020)
What are the key deadlines and time limits?
The law does not specify any deadlines or time limits. It focuses on establishing the regulatory framework and powers of the Ministry, without outlining any particular timeframes or deadlines for compliance or other actions. (Federal Law on Regulating Railways, 2020)
How does this law interact with other UAE legislation?
The law references several other UAE federal laws and decrees, including: - Federal Law No. (1) of 1972 on the Competences of Ministries and Powers of Ministers - Federal Decree-Law No. (2) of 2009 Establishing Etihad Rail Company - Federal Law No. (9) of 2011 Concerning Land Transport (Federal Law on Regulating Railways, 2020) However, the law does not explicitly state how it interacts with or relates to these other pieces of legislation. The nature of the relationship is not clearly defined. (Federal Law on Regulating Railways, 2020)
When did this law come into effect?
The Federal Law on Regulating Railways was issued on 28 May 2020 and came into effect on 1 June 2020, as per the dates specified in the law. (Federal Law on Regulating Railways, 2020) The law was published in the Official Gazette No. 679 on 31 May 2020. The legislation does not mention any transitional provisions or implementation timeline. (Federal Law on Regulating Railways, 2020)
Source Documents
This article analyses Federal Law on 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.