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قانون الطيران في الإماراتLaw No. (11) of 2020 Concerning the Dubai Civil Aviation Authority

قانون دبي·11 of 2020

تاريخ الإصدار
24 نوفمبر 2020
ساري المفعول من
24 نوفمبر 2020
المواد
17
آخر مزامنة
20 يوليو 2026
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ينشئ هيئة الطيران المدني بدبي كسلطة عامة ذات شخصية اعتبارية لتنظيم الطيران المدني وتمثيل الإمارة في شؤون الطيران وتطبيق التشريعات.

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النص على مستوى المادة

المواد الرئيسية

17 مواد

النص الإنجليزي معروض — الترجمة العربية قيد الإعداد.

  1. 1

    Title of the Law: the Law

    المادة 1

    Article (1) This Law will be cited as "Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority". ©2020 The Supreme Legislation Committee in the Emirate of Dubai 1 Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.

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    Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority Page 2 of 9 Definitions

  2. 2

    Title of the Law: the Law

    المادة 2

    Article (2) The following words and expressions, wherever mentioned in this Law, will have the mea ning indicated opposite each of them unless the context implies otherwise: UAE: The United Arab Emirates. Emirate: The Emirate of Dubai. Ruler: His Highness the Ruler of Dubai. Government: The Government of Dubai. Executive Council: The Executive Council of the Emirate of Dubai. GCAA: The General Civil Aviation Authority. DCAA: The Dubai Civil Aviation Authority. Director General: The director general of the DCAA. Quality Control Activities: The process of verifying compliance by Operators and Practitioners with the requirements and standards prescribed by the applicable legislation; and ensuring that the necessary corrective actions are implemented. This includes auditing, inspecting, testing, and monitoring Aircraft and their spare parts. Operator: A natural or legal person authorised by the DCAA to conduct any of the activities related to operating Aircraft or Airports in accordance with the legislation in force in the Emirate. Practitioner: A natural or legal person authorised by the DCAA to conduct any of the activities related to providing and organising air navigation services; providing flight and air navigation training; conducting air safety studies; providing tourist and recreational aviation services, sports aviation services, Aerial Advertisements services, and balloon flying services; providing aerial photography using various types of Aircraft; and conducting any other civil aviation-related activities determined pursuant to the relevant resolution of the Director General. Regulated Airfreight Carrier: A legal person authorised by the DCAA to implement air freight security controls and procedures, including conducting security checks and monitoring the sites that are under his supervision. Hazardous Materials: Any materials that pose a hazard to public health or safety, to the environment, or to any public or private property.

    -- 2 of 9 --

    Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority Page 3 of 9 Government Entity: Any of the ministries, Government departments, federal or local public agencies and corporations, government authorities and councils, or similar entities. Investigation: A technical process implemented by the DCAA to identify the causes and consequences of an Accident or Incident, and determine the actions and means of redressing the causes of that Accident or Incident and ensuring its non-recurrence. Scope of Application

  3. 3

    المادة 3

    Article (3) This Law applies to: 1. the Dubai Civil Aviation Authority regulated pursuant to the above-mentioned Law No. (19) of 2010, as a public authority having legal personality and the legal capacity required to undertake all acts and dispositions that ensure the achievement of its objectives; and 2. all Operators, Practitioners, and Regulated Airfreight Carriers in the Emirate. Head Office of the DCAA

  4. 4

    المادة 4

    Article (4) The head office of the DCAA will be located in the Emirate. The DCAA may establish branches within the Emirate pursuant to a resolution of the Director General. Objectives of the DCAA

  5. 5

    المادة 5

    Article (5) The DCAA aims to: 1. achieve leadership and ensure sustainability in the fields of security, safety, and environmental protection in the civil aviation sector, in coordination with the concerned Government Entities; 2. create a favourable environment supporting aviation-related investments in line with the requirements of economic development in the Emirate; 3. ensure the sustainable development of the civil aviation sector and its related services; 4. regulate civil aviation affairs and enhance the safety and security of air transport; and 5. enhance the governance of the civil aviation sector, in cooperation with the Government Entities concerned with the aviation sector, to support the regulatory and supervisory role of the DCAA.

    -- 3 of 9 --

    Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority Page 4 of 9 Functions of the DCAA

  6. 6

    المادة 6

    Article (6) For the purpose of achieving its objectives, the DCAA will have the duties and powers to: 1. establish the general policy of civil aviation in the Emirate in line with the federal legislation and the international conventions and treaties; and submit the same to the Executive Council for approval; 2. approve the operational and implementation plans of the adopted policies and the activities related to the DCAA work; 3. propose legislation related to the civil aviation sector and submit the same to the competent authorities in the Emirate for approval, in accordance with the relevant procedures adopted by these authorities; 4. coordinate with international and federal entities on all matters related to civil aviation in the Emirate, including those related to Quality Control Activities; 5. sign memoranda of understating and bilateral and multilateral conventions related to air transport rights through the Airports of the Emirate; and follow up the implementation of these memoranda and conventions in coordination with the GCAA; 6. approve the technical bylaws regulating the civil aviation sector in the Emirate and any other relevant bylaws, in accordance with the applicable legislation; 7. issue permits to Practitioners in the Emirate, including in Special Development Zones and free zones, such as the Dubai International Financial Centre; and monitor and oversee the activities of these Practitioners in accordance with the rules adopted by the DCAA in this respect; 8. authorise foreign aviation operators licensed by the GCAA to operate scheduled or non- scheduled flights from and to the Airports of the Emirate in line with the applicable legislation; 9. determine and regulate the activities related to the civil aviation sector in the Emirate, in coordination with concerned Government Entities and in accordance with the applicable legislation; 10. issue permits for conducting the activities and holding the events related to civil aviation in the Emirate; and audit and monitor these activities and events in accordance with the rules adopted by the DCAA in this respect; 11. monitor and follow up compliance by airlines in the Emirate with the provisions of the conventions regulating air transport rights awarded to foreign carriers; 12. regulate Unmanned Aircraft Operations and all Related Activities in the Emirate, in coordination with the concerned Government Entities and in accordance with the applicable legislation;

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    Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority Page 5 of 9 13. regulate the activities of Regulated Airfreight Carriers, in coordination with the concerned Government Entities and in accordance with the applicable legislation and the rules adopted pursuant to the relevant resolution issued by the Director General; 14. oversee and approve all procedures for the safety and security of the facilities and systems in the Airports of the Emirate, in accordance with the applicable legislation; 15. implement programmes related to Quality Control Activities, and verify compliance with the relevant international and national standards adopted in the UAE; 16. protect civil aviation from Acts of Unlawful Interference and from the risks of transporting Hazardous Materials by air, in coordination with the GCAA and the concerned Government Entities, and in accordance with the procedures stipulated in the international treaties and conventions and with the applicable legislation; 17. monitor, inspect, and audit Aircraft, in coordination with the GCAA, to verify their compliance with the relevant international and national standards adopted in the Emirate; 18. control the import, export, and transport of Aircraft spare parts and components as well as trading in the same, in coordination with the concerned Government Entities; 19. license professions related to security scanners in accordance with the procedures adopted by GCAA in this respect; 20. issue the permits required for air transport of the Hazardous Materials listed under Category 1 and Category 7 in the International Air Transport Association regulations through the Airports of the Emirate; 21. determine the areas of the Emirate within which air navigation is prohibited, restricted, or dangerous; and notify the GCAA of the same; 22. specify Air Routes in the Emirate and consider applications for modification of the Airspace of the Emirate, in coordination with the GCAA and the concerned Government Entities; 23. compile and analyse air transport statistical information and data and provide the concerned Government Entities with these information and data in accordance with the applicable legislation; 24. conduct, in cooperation with public and private scientific and research institutions in the UAE, development research and studies in fields related to the functions of the DCAA; 25. perform all the functions assigned to it by the legislation in force in the UAE as the competent local authority in charge of civil aviation affairs; and 26. exercise any other duties or powers required for the achievement of the DCAA objectives, or assigned to the DCAA by the Ruler or the Chairman of the Executive Council.

    -- 5 of 9 --

    Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority Page 6 of 9 Executive Body of the DCAA

  7. 7

    المادة 7

    Article (7) The executive body of the DCAA will be comprised of the Director General, and a number of administrative, finance, and technical Employees, to whom the above-mentioned Law No. (8) of 2018 and the legislation issued in pursuance thereof apply. Appointment and Functions of the Director General

  8. 8

    المادة 8

    Article (8) a. A Director General will be appointed to the DCAA pursuant to a decree issued by the Ruler. b. The Director General will manage the DCAA and undertake direct supervision of the achievement of its objectives and of the performance of the functions assigned to it under this Law and the legislation in force in the Emirate. In particular, the Director General will have the duties and powers to: 1. approve, and supervise the implementation of, the general policy and strategic and operational plans of the DCAA; 2. approve the draft annual budget and Financial Statements of the DCAA, and submit the same to the competent authorities in the Emirate for final approval; 3. approve the organisational structure of the DCAA and submit the same to the Executive Council for final approval; 4. propose draft legislation related to the civil aviation sector in the Emirate, and submit the same to the competent authorities for approval in accordance with their adopted procedures; 5. approve the resolutions and policies regulating the administrative, financial, and technical work of the DCAA; 6. undertake supervision of the work of the DCAA executive body; manage its technical, administrative, and financial affairs; and ensure that it performs its duties in an efficient and effective manner; 7. supervise the work of the DCAA and follow up the performance of its duties in an efficient and effective manner, in line with the adopted policies, plans, and strategic programmes and with a view to improving the civil aviation system in the Emirate; 8. submit periodic reports on the DCAA work to the competent authorities in the Emirate; 9. represent the DCAA before third parties; and conclude the contracts, agreements, and memoranda of understanding required for the achievement of the objectives of the DCAA;

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    Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority Page 7 of 9 10. form permanent or temporary sub-committees and work teams from amongst the Employees of the DCAA or from amongst experts and specialists; and determine the duties and powers of these sub-committees and work teams; 11. exercise the duties and powers assigned to him pursuant to the applicable legislation; and 12. exercise any other duties or powers assigned to him by the Ruler or the Chairman of the Executive Council. c. The Director General may delegate any of his powers under sub-paragraphs (b)(7), (b)(8), (b)(9), and (b)(10) of this Article to any of the DCAA Employees, provided that such delegation is specific and in writing. d. The Director General may assign any of the executive directors of the DCAA to perform his duties in case of his absence for any reason whatsoever. Financial Resources of the DCAA

  9. 9

    المادة 9

    Article (9) The financial resources of the DCAA will consist of: 1. the financial appropriations allocated to the DCAA in the General Budget of the Government; 2. the fees and charges collected by the DCAA in return for the activities it conducts and the services it provides; 3. gifts and donations; and 4. any other resources approved by the Chairman of the Executive Council. Accounts and Financial Year of the DCAA

  10. 10

    المادة 10

    Article (10) a. In managing its accounts and records, the DCAA will apply the rules and principles of government accounting. b. The Financial Year of the DCAA will commence on 1 January and will end on 31 December of each Year. Internal and External Representation of the Emirate

  11. 11

    المادة 11

    Article (11) The DCAA will represent the Emirate within and outside of the UAE in all matters related to the civil aviation sector, particularly the following:

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    Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority Page 8 of 9 1. negotiations and talks on air transport rights, international affairs, Airspace, and Air Navigation in the Emirate; 2. Investigations into civil aviation-related Accidents, crises, disasters, and emergencies; 3. Investigations into acts and activities that may affect the security and safety of civil aviation in the Emirate. These include the procedures that minimise risks that may affect civil aviation across land, sea, or air; and other procedures implemented in Airports, Aircraft, and aviation and passenger facilities; 4. Investigations into civil aviation Accidents that are not listed in the International Civil Aviation Organization (ICAO) Annex 13; issuing reports on the causes of these Accidents and the factors affecting civil aviation; and following up the implementation of the relevant recommendations and corrective actions, in coordination with the GCAA and the concerned Government Entities; and 5. participating in teams formed to investigate the civil aviation Accidents listed in ICAO Annex 13, in coordination with the concerned Government Entities. Obligations of Operators and Practitioners

  12. 12

    المادة 12

    Article (12) The conditions, rules, and obligations that must be satisfied by Operators and Practitioners will be prescribed by the relevant resolution issued by the Chairman of the Executive Council. Governance of the Relationship between the GCAA and the DCAA

  13. 13

    المادة 13

    Article (13) The relationship between the GCAA and the DCAA will be regulated by the agreements and memoranda of understanding concluded by the two parties, which will determine the frameworks and fields of cooperation and coordination in all areas that are related to the civil aviation sector and fall within the jurisdiction of the GCAA. In particular, these agreements and memoranda will regulate the inspection and Investigation processes that require accessing Airports or civil aviation facilities in the Emirate. Seeking Assistance from Government Entities

  14. 14

    المادة 14

    Article (14) For the purpose of enabling the DCAA to implement the provisions of this Law, the resolutions issued in pursuance hereof, and the applicable legislation, all Government Entities in the Emirate must, each within its own jurisdiction, cooperate and coordinate with the DCAA and provide the DCAA, upon request, with all support and assistance.

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    Law No. (11) of 2020 Concerning the Dubai Civil Aviation Authority Page 9 of 9 Issuing Implementing Resolutions

  15. 15

    المادة 15

    Article (15) With the exception of the resolutions which the Chairman of the Executive Council is authorised to issue under this Law, the Director General will issue the resolutions required for implementing the provisions of this Law. Supersession and Repeals

  16. 16

    المادة 16

    Article (16) a. This Law supersedes the above-mentioned Law No. (19) of 2010. b. Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Law. c. The resolutions, bylaws, and instructions issued in implementation of the above-mentioned Law No. (19) of 2010 will continue in force to the extent that they do not contradict this Law, until new superseding resolutions, bylaws, and instructions are issued. Publication and Commencement

  17. 17

    المادة 17

    Article (17) This Law will be published in the Official Gazette and will come into force on the day on which it is published. Mohammed bin Rashid Al Maktoum Ruler of Dubai Issued in Dubai on 24 November 2020 Corresponding to 9 Rabi al-Thani 1442 A.H.

    -- 9 of 9 --

ملاحظة: هذا التشريع مأخوذ من بوابة تشريعات دبي (dlp.dubai.gov.ae). والنص العربي الأصلي هو النسخة المعتمدة.

مواد هذا القانون(17)
  1. 1Article (1) This Law will be cited as "Law No. (11) of 2020 Concerning the Dubai
  2. 2Article (2) The following words and expressions, wherever mentioned in this Law,
  3. 3Article (3) This Law applies to: 1. the Dubai Civil Aviation Authority regulated
  4. 4Article (4) The head office of the DCAA will be located in the Emirate. The DCAA
  5. 5Article (5) The DCAA aims to: 1. achieve leadership and ensure sustainability in
  6. 6Article (6) For the purpose of achieving its objectives, the DCAA will have the
  7. 7Article (7) The executive body of the DCAA will be comprised of the Director Gen
  8. 8Article (8) a. A Director General will be appointed to the DCAA pursuant to a de
  9. 9Article (9) The financial resources of the DCAA will consist of: 1. the financia
  10. 10Article (10) a. In managing its accounts and records, the DCAA will apply the ru
  11. 11Article (11) The DCAA will represent the Emirate within and outside of the UAE i
  12. 12Article (12) The conditions, rules, and obligations that must be satisfied by Op
  13. 13Article (13) The relationship between the GCAA and the DCAA will be regulated by
  14. 14Article (14) For the purpose of enabling the DCAA to implement the provisions of
  15. 15Article (15) With the exception of the resolutions which the Chairman of the Exe
  16. 16Article (16) a. This Law supersedes the above-mentioned Law No. (19) of 2010. b.
  17. 17Article (17) This Law will be published in the Official Gazette and will come in
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