قانون الطيران في الإماراتقرار مجلس الوزراء بشأن اللائحة التنفيذية للقانون الاتحادي بشأن تنظيم السكك الحديدية

Article (1) Definitions For the purpose of applying the provisions of this Resolution, the following words and expressions shall bear the meanings assigned thereto respectively, unless the context requires otherwise: State : The United Arab Emirates. Emirate : Any Emirate of the State. GCC Countries : Member States of the Gulf Cooperation Council (GCC). Ministry : The Ministry of Energy and Infrastructure. Minister : The Minister 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.

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Article (2) Applicability of the Resolution The provisions of this Resolution shall apply to the Federal Railways connecting the Emirates of the State with each other or which are connected to Railways outside the State, and to those persons in charge of developing, operating, regulating and maintaining the same, operators and users of the Federal Railway Services. This Resolution shall not apply to Railways governed by local authorities.

Article (3) Railway Operations The Railway operations shall include the following: 1. The management, design, building, manufacturing, installation, integration, testing, commissioning, maintenance, modification or suspension of Railway Assets;

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Regulating Railways 6 2. Moving Railway Vehicles for the purpose of operating Railway Services or building or maintenance of the Railway Infrastructure; 3. Scheduling, tracking, and monitoring Railway Vehicles running or moving on the Railway Infrastructure; and 4. Any other activity designated by the Ministry as Railway operation.

Article (4) Safety-Related Railway Activities The Railway activities related to safety shall include the following: 1. Driving or steering Railway Vehicles or any other activity through which the motion of Railway Vehicles can be controlled or affected. 2. Dispatching, receiving and transforming signals or any other activity through which the motion of Railway Vehicles and Railway Tracks can be controlled or affected. 3. Coupling or separating Railway Vehicles. 4. Maintenance, repair, modification, inspection or testing of: a. Railway Vehicles, including verifying the proper functioning of such vehicles before being used; b. The Infrastructure of Railways being operated and maintained; and c…

Article (5) Licensing Conditions of the Infrastructure Manager and the Operator 1. The Infrastructure Manager and the Operator shall obtain a License from the Ministry before conducting its business. The License conditions shall apply to the Infrastructure Managers and the Operators, without prejudice to the powers conferred under Federal Decree-Law No. (2) of 2009, referred to hereinabove. 2. In order to obtain the said License, the following conditions shall be fulfilled: a. Appropriate technical competence; b. Solvency; and c. Appropriate insurance coverage.

Article (6) Technical Competence The applicant shall prove that it possesses an end-to-end management system and has the technical knowledge and expertise necessary for operating as an Infrastructure Manager and/or Operator with respect to the type of operations indicated in the application.

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Article (7) Solvency 1. The License applicant shall: a. Prove that it is able to fulfill its current and potential obligations identified according to realistic predications for the next twelve months; and b. Prove that there are no back taxes or overdue amounts payable to the Competent Authority. 2. The License applicant shall provide the Ministry with its final accounts duly audited. Should such accounts be not available, the applicant shall submit its balance sheet in addition the following details: a. Cash in hand, including bank balances and financial facilities available or which have already been obtained; b. Funds and assets available as a security; c. Capital value; d. Related costs…

Article (8) Liability Insurance The License applicant shall submit a document proving that it has obtained an adequate third- party liability insurance or the equivalent arrangements covering obligations that may arise in consequences of Accidents or Incidents.

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Article (9) Procedures of Licensing the Infrastructure Manager and the Operator 1. An applicant for the Infrastructure Manager or the Operator License shall submit its application to the Ministry, as per the relevant form, including all the required documents. The Ministry shall record the application and the License applicant shall be given a notice of receipt. 2. The Ministry shall technically examine the application to ensure that it fulfills all the conditions, requirements and documents required. To that end, the Ministry may conduct inspections and require any documents it deems necessary. 3. The Ministry shall issue its decision on the license application within (30) thirty days follo…

Article (10) Railway Performance Standards The Ministry shall determine the Railway performance standards, which constitute the minimum standards approved in the State, in coordination with the Competent Authority and any other body designated by the Ministry. The Railway performance standards shall include:

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Regulating Railways 10 1. Minimum requirements of Railway Assets and operations quality and safety; 2. Indicators of compliance with the minimum requirements of Railway Assets and operations quality and safety; and 3. Standards for Enabling Interoperability, which serve as the regulatio…

Article (11) Safety Zones 1. The Federal Railway Safety Zones shall consist of the Railway Track and lands on both tracksides, whose boundary extends from the outer rail of the track. Such zone shall be exclusively used to install and maintain the equipment necessary for the safe operation of Railway operations, such as systems of signals, communications and power supply and traffic control and environmental protection equipment. 2. By virtue of agreements with the Competent Authority, the Infrastructure Manager shall regulate the operation and set boundaries of the Safety Zones, and special maps shall be created for such Zones. 3. Any disputes arising out between the Infrastructure Manager…

Article (12) Protection Zones 1. The Federal Railway Protection Zone shall include the lands, regardless of their owners, adjacent to the Safety Zone boundaries, as well as any land allocated to enable the Protection Zone to perform its functions. 2. The Infrastructure Manager shall, in agreement with the Competent Authority in the Emirate, determine the boundaries of the Protection Zones, and special maps shall be created for such purpose. 3. The Competent Authority shall set the procedures that ensure no License is issued in respect of activities or development constructions that may affect the Safety of Railway Assets and Services within the Protection Zones without prior no-objection is…

Article (13) Conditions and Controls of Exceptional Cases Exceptional cases or emergencies are the circumstances in which the Infrastructure Manager, in coordination with competent local authorities, shall take actions and steps either to prevent a Rail Accident or to deal with any Rail Accident impacts. Such actions shall be subject to the following controls:

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Regulating Railways 12 1. Materials, equipment, or protection structures may be temporarily placed at the Railway Protection Zone until the exceptional cases or emergencies cease to exist. 2. If the land of the Railway Protection Zon…

Article (14) Overlapping with Third Party-Owned Infrastructures Without prejudice to any conditions or approvals required by the Competent Authorities in the Emirate, works may be implemented by third parties within the Protection Zone of the Federal Railway, subject to the prior approval of the relevant Infrastructure Manager and the Ministry. The exception to the above are local service entities in emergencies that require the implementation of works to avoid damage to the Railway Infrastructure or services provided.

Article (15) Conditions and Procedures of Issuing Approvals of Third-Party Infrastructure Overlapping with the Federal Railways 1. In order to issue approvals for overlapping of third-party infrastructure with the Federal Railways, the following conditions shall be fulfilled: a. Works, subject of the approval, shall not endanger the Railway, whether during or after the implementation.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Regulating Railways 13 b. No objection is obtained from the Competent Authorities in the Emirate with regard to the performance of such works. 2. Competent Authorities responsible for granting building permit…

Article (16) Safety-Related Functions of the Ministry In order to ensure that the licensees comply with the provisions of the Licenses granted to them, the Ministry shall undertake the following functions: 1. Issue the Safety Permits and ensure that the holders thereof comply with their conditions; 2. Take necessary actions to ensure the control over the Safety of Railway operation, including verifying the licensees’ compliance with the provisions of the Law, the present Resolution and resolutions issued thereunder; 3. Develop and implement plans and programs necessary for inspecting Railways to ensure safe operation; 4. Investigate the Accidents and Incidents according to the procedures, me…

Article (17) Safety Permit Issuance Conditions for Infrastructure Manager 1. In order to issue the Safety Permit for the Infrastructure Manager, the latter shall submit a safety file including the following: a. A complete and accurate description of the Railway Assets and systems or the relevant part thereof for which the Permit is requested. b. The Safety Management System adopted by it. c. Acknowledgement that the Railway Assets and systems, subject of the Permit, are safe and fit for the purpose of their creation. d. A report approved by the Independent Safety Assessor, confirming that the Railway Assets and systems or the relevant part thereof are in a sound condition. e. Operation and m…

Article (18) Safety Permit Issuance Procedures for Infrastructure Manager The following procedures shall apply for issuing the Safety Permit for the Infrastructure Manager: 1. The applicant shall submit the application for obtaining the Safety Permit to the Ministry, as per the relevant form, including all the required documents. The Ministry shall record the application, and the applicant shall be given a notice of receipt. 2. The Ministry shall technically examine the application to ensure that it has fulfilled all the required conditions, requirements, and documents. To that end, the Ministry may make field visits and require any documents it deems necessary. 3. The Ministry shall issue a…

Article (19) Validity Period of Infrastructure Manager’s Safety Permit The Safety Permit granted to the Infrastructure Manager shall be valid for (5) five years, as of the date of being issued, unless a substantial change is introduced to the Railway Assets and systems, subject of the Permit, as, in such case, the Infrastructure Manager shall be required to obtain a new Safety Permit.

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Article (20) Substantial Changes to Railway Systems 1. The following changes shall be considered substantial changes that require the permit holder to apply for a new Safety Permit or amend the Permit granted to the same: a. Changing the Infrastructure Manager or introducing significant changes to its organizational structure or human resources related to the Safety governance; b. Changing the Operator appointed by the Infrastructure Manager or introducing significant changes to its organizational structure or human resources related to the Safety governance; c. Changing the Railway Track or adding new Stations or other facilities; d. Changing any of the main systems required for securing th…

Article (20) above; and 3. Observing any recommendations arising from any Prohibition Notices, Notices to Remedy, safety inspections or reviews or investigation of Rail Accidents and Incidents.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Regulating Railways 27 The results of such review shall be summarized in the annual performance report to be submitted to the Ministry.

Article (21) Safety Permit Issuance Conditions for the Operator 1. Upon applying for the Safety Permit for the Operator, the latter shall submit a Safety file including the following: a. The Infrastructure Manager’s Safety Permit, subject of operations; b. Details of the scope and nature of Railway operations and services requested to be operated; c. The Safety Management System approved for Railway operations and services requested to be operated; d. A written acknowledgment stating that it understands and recognizes the risks threatening the Safety and how to control over such risks to minimize the same as much as practically reasonable; e. Risk register that covers all potential risks thr…

Article (22) Safety Permit Issuance Procedures for the Operator The following procedures shall apply for issuing the Safety Permit for the Operator: 1. The permit applicant shall submit the application for obtaining the Safety Permit to the Ministry, as per the relevant form, including all the required documents. The Ministry shall record the application and the applicant shall be given a notice of receipt. 2. The Ministry shall technically examine the application to ensure that it fulfills all the required conditions, requirements, and documents. To that end, the Ministry may make field visits and request any documents as it deems necessary. 3. The Ministry shall issue a decision on the app…

Article (23) Validity Period of Operator’s Safety Permit The Safety Permit granted to the Operator shall be valid for (5) five years following the date of its issuance, unless a substantial change is introduced to the Railway Assets and Services, subject of the Permit, where in such case the Operator shall be required to obtain a new Safety Permit.

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Article (24) Suspension or Revocation of Safety Permits Granted to Infrastructure Managers or Operators The Ministry may, by serving a written notice upon the permit holder, suspend or revoke, in full or in part, Safety Permits granted to the Infrastructure Managers or the Operators in any of the following cases: 1. In cases the permit holder fails to comply with any of the conditions or restrictions set out in the Safety Permit; 2. In case the permit holder applies practices that cause substantial and serious risk to the safety of the Railway Infrastructure or Railway Services, subject of the Permit; or 3. In case risk indicators on a substantial and serious risk to the Safety of Railway In…

Article (25) Immediate Suspension of Safety Permit If the Ministry is convinced that there is a substantial and serious risk to the Safety, it may, without being bound by the provisions of Article (24) above, suspend the Safety Permit with immediate effect, either for affected parts and operations only or entirely, where required, until the risk is removed, by serving a written notice to the permit holder.

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Article (26) Amendment, Revocation, or Addition of a Condition or Restriction by the Ministry 1. The Ministry may, at any time, amend or revoke any condition or restriction imposed on the Safety Permit, or impose a new condition or restriction thereon. 2. Before any action is taken pursuant to this Article, the Ministry shall: a. Send a written notice to the permit holder to notify it of the action intended to be taken by the Ministry under this Article. The permit holder shall be given a time limit not less than (20) twenty days to provide it observation in this regard; b. Send a written notice to the permit holder on the action that the Ministry decided to take under this Article; and c. T…

Article (27) Application for Amendment of Safety Permit 1. The permit holder may submit an application to the Ministry, at any time, to amend the Safety Permit, including the amendment of any conditions or restrictions set out in the valid permit, before initiating any amendments to the scope or nature of the Railway infrastructure or operations covered by this Permit. 2. The amendment application shall be submitted according to the method and form approved by the Ministry, accompanied by the documents supporting the application.

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Article (28) Application for Renewal of Safety Permit The permit holder shall submit a renewal application of the Safety Permit grated thereto, at least (30) thirty days from the expiry date thereof, using the form approved by the Ministry and a document confirming that it is still fulfilling the permit conditions.

Article (29) Assignment of the Safety Permit The permit holder may not assign the Safety Permit.

Article (30) Exemption from the Safety Permit The Operator, holding a valid Safety Permit issued by the Competent Authorities of any GCC country, shall be exempt from obtaining a Safety Permit, based on a resolution of the Cabinet on the mutual recognition of Safety Permits, in accordance with the following conditions: 1. Submitting a document proving that it holds a valid Safety Permit issued by the Competent Authority in a GCC country; 2. Submitting a document proving that there is an agreement between it and the relevant Infrastructure Manager in the State, based on the exemption applicant’s fulfillment of the Standards for Enabling Interoperability; and 3. Submitting a safety performance…

Article (31) Safety Management System The Infrastructure Manager and the Operator shall each have a Safety Management Systems for its own Railways approved by the Ministry, including the following:

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Regulating Railways 25 1. Comprehensive and systematic identification and assessment of Safety risks, with regard to the infrastructure and Railway operations which the Infrastructure Manager or the Operator is responsible for, during usual and unusual circumstances, including the emergency management plan of Railway systems and operations in case of an Accident; 2. Systems, procedures and contr…

Article (32) Urgent Amendments to the Network Rules 1. The Infrastructure Manager may amend the Network Rules promptly where a direct risk to Safety is found, subject to the following: a. Taking prompt actions to notify the Ministry and the relevant bodies of the proposed amendment and the underlying reasons; and b. Taking necessary actions to mitigate any anticipated negative impacts that may arise from implementing the proposed amendment. 2. No urgent amendment made by the Infrastructure Manager may take effect after (180) one hundred eighty days from its implementation unless the Infrastructure Manager complies with the procedures provided with regard to substantial changes.

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Article (33) Emergency Management Plan 1. The Infrastructure Manager and the Operator shall each have an emergency management plan to be developed in coordination with Competent Authorities. The plan shall include the following: a. Types of emergencies; b. Consequences of each type of emergencies, including assessments of impacts range and potential severity of each type; c. Mechanisms reducing emergency impacts; d. Initial actions of response to emergencies and providing rescue and ambulance services; e. Remedial actions to resume Railway operations and help the affected Persons; and f. Assignment of the roles and responsibilities in emergencies. 2. The Infrastructure Manager and the Operat…

Article (34) Review of Safety Management System Both the Infrastructure Manager and the Operator shall review the Safety Management System on a regular basis, unless otherwise determined by the Ministry. The following clauses shall be reviewed at least one time a year: 1. Assessment of how the Safety Management System is effective in ensuring the reduction of risks to the minimum practically possible, and how it achieves the safety targets and indicators, whether targets set by the Infrastructure Manager, the Operator or the Ministry; 2. Assessment of the impact of any modifications made as a result of the said review or under

Article (35) Agreements Regulating Infrastructure Crossover or Overlapping 1. The Infrastructure Manager may enter into agreements that regulate the crossover or overlapping of infrastructures with Railway infrastructures. Such agreements shall include: a. The measures of risk management set out in Article (31) above with regard to the scope of crossover or overlapping, subject of the agreement, including the procedures of identifying, assessing and testing such measures; and b. Roles and responsibilities of parties to the agreement related to such measures, including matters related to the exchange of information necessary to monitor the compliance of the relevant parties. 2. If the Ministr…

Article (36) Accreditation Conditions for Independent Safety Assessor By virtue of a resolution of the Minister, the conditions of the Independent Safety Assessor accreditation shall be identified according to the following considerations: 1. The accreditation applicant shall be licensed in the State and shall have the Railway systems and operations Safety assessment activity among its activities, or activities equivalent thereto; 2. The accreditation applicant shall have sufficient expertise in Railway systems and operations Safety assessment; 3. The accreditation applicant shall identify the work methodology that it will follow as an Independent Safety Assessor, including the quality assur…

Article (37) Reporting Rail Accidents and Incidents 1. Without prejudice to the powers conferred upon the Competent Authorities, the Infrastructure Manager and the Operator shall report any Incidents or Accidents related to Railway operations caused or would have caused property damage, injuries, death, or any other Incidents provided by the relevant resolutions. 2. The resolutions issued by the Minister shall set the time limit for reporting to the Ministry and the forms approved for each category of Incidents or Accidents. The Ministry may commission the Infrastructure Manager or the Operator to conduct an investigation into any of Accidents and Incidents that endanger or may endanger the…

Article (38) Functions and Powers of Inspectors Without prejudice to the functions and powers of judicial police of the Competent Authorities in the Emirate, pursuant to their legislation and competences, the Ministry shall, through its Inspectors, carry out the following functions and powers: 1. Verify the compliance with the provisions of the Law, the present Resolution and resolution issued thereunder; 2. Investigate any violation against the provisions of the Law, the present Resolution and resolutions issued thereunder, and taking actions necessary for the remedy thereof; 3. Monitor the permit holders’ compliance with the provisions of permits issued to them; 4. Comply with the provisio…

Article (39) Inspector’s Powers to Get Access The Inspector may, at any time, get access to any place falling within the Federal Railway Assets or facilities serving the Federal Railways, as being Safety or Protection Zones, where required.

Article (40) Inspector’s Powers 1. The Inspector may get access, without prior notification, to inspect any Person. 2. Upon the Inspector’s access to Railway facilities, he shall take all reasonable steps to notify the Person in charge of such place, as provided by the relevant resolutions. 3. In all cases, the Inspector may not notify any Person where such notification would thwart or delay the purpose for which the place is accessed.

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Article (41) Powers of Inspector During Inspections 1. The Inspector may take any of the following actions: a. Inspect the place and examine any of its contents and conduct any investigation in this regard; b. Use any equipment or materials that may be necessary for performing his functions; c. Decide to stop or move any Railway Vehicle; d. Take measurements and conduct surveys; e. Make tests, develop drawings or make recordings, including photos, films, audio, video … etc.; f. Mark or label Railway Vehicles or any other objects; g. Detect any object (including documents) at the place the Inspector deems it evidence of violation; h. Take a sample from any substance or object for the purpose…

Article (42) Obligations of Infrastructure Manager and Operator towards Inspector The Infrastructure Manager and the Operator shall enable and provide assistance to the Ministry’s inspector in the following: 1. Conduct searches and inspection at any part of the Railway parts, infrastructure and Railway Vehicles; 2. Seek the assistance of any Person to help him perform his duties and powers, including meeting and questioning any Person the inspector deems it able to help him in performing his functions; 3. Execute the orders of the Ministry’s inspector related to the suspension of any work, moving any Railway Vehicle or prohibiting used materials or equipment; 4. Receive Notices to Remedy, Pr…

Article (43) Notices to Remedy The Inspector may issue a Notice to Remedy if he is convinced, based on reasonable grounds, that a permit holder has violated any provisions of the Law, the present Resolution or resolutions issued thereunder, or violates the provisions of the Permit granted thereto. The notice shall include a commission to the permit holder to take a remedial action within a time limit to rectify such violation and prevent the recurrence thereof. The permit holder may be authorized to respond to the Notice to Remedy and submit practical proposals and any supporting documents. The Inspector may revoke the Notice to Remedy and issue an alternative notice.

Article (44) Extension of Notices to Remedy By virtue of a written notice to the permit holder, the Inspector may extend the time limit set out in the Notice to Remedy to enable the permit holder to comply with the instructions of the notice, based on a reasoned application from the Permit holder, provided that such application is submitted before the expiry of the time limit set for compliance in the original notice.

Article (45) Prohibition Notices 1. The Inspector may, after obtaining the relevant required approvals specified in the relevant resolutions, issue a Prohibition Notice in the following cases: a. Carrying out functions related to Railway Assets and operations that cause or will cause a direct risk to Safety, without taking the proper action to prevent such risk.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Regulating Railways 33 b. Carrying out functions, without permission, near the Railway Infrastructure or Railway Vehicles that cause or will cause a direct risk to Safety. 2. The Inspector shall serve the Prohibition Notice in writ…

Article (46) If the responsible Person against whom the Prohibition Notice is issued fails to take acceptable actions for compliance with such notice, the Ministry may take any actions necessary to secure the Safety of Railway Assets and operations, after warning such Person that the Ministry will take such actions and such Person will be responsible for any consequences thereof.

Article (47) Where the circumstances require the issuance of a Prohibition Notice on an urgent basis and the Person responsible for the relevant work cannot be reached, the Ministry may take any necessary measures to secure Railway Assets and operations, and the Person responsible for such work will incur any consequences of such measures.

Article (48) Railway Records 1. The Ministry shall maintain permanent records of Railways, including, as a minimum, the following: a. Licenses of the Infrastructure Managers and the Operators; b. Safety Permits granted to the Infrastructure Managers and the Operators; c. Notices to Remedy and Prohibition Notices; d. Rail Accidents and Incidents; and e. Data of Railway Vehicles.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Regulating Railways 34 2. The Ministry may create any other Railway records it deems necessary to enable it to carry out its functions. 3. By virtue of resolutions of the Minister, the form and content of Railway re…

Article (49) Periodic Reports 1. The Infrastructure Manager and the Operator shall each submit an annual report to the Ministry on Safety and operational performance where: a. Such reports shall be in the form approved by the Ministry; and b. Such reports shall contain: - Details of Railway Assets; - Details of maintenance work and reports; - Details of Safety performance of Railway operations by the Operator or the Infrastructure Manager and the appraisal thereof; - Details of any shortcomings and violations related to Railway operations made throughout the reported period, or initiatives proposed for the coming period; - Any other information or indicators on the Safety performance identif…

Article (50) Issuance of Executive Resolutions The Minister shall issue the executive resolutions necessary for implementing the provisions of this Resolution.

Article (51) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall enter into force thirty (30) days following its publication date. Mohammed bin Rashid Al Maktoum Prime Minister Issued by Us: Dated: 6th Rajab 1443 AH, Corresponding to: 7th February 2022 AD

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