Executive Regulation of Law No. (7) of 2006 Concerning the Licensing, Hire and Use of PWC (Personal Water Craft)

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Gertrude McDaniel
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1 Executive Regulation of Law No. (7) of 2006 Concerning the Licensing, Hire and Use of PWC (Personal Water Craft) Chapter I Definitions Article (1) In applying the provisions of this regulation and unless the context otherwise requires, the following words and expressions shall have the meanings set forth opposite each one: The State: The Emirate: The Executive Council: The United Arab Emirates; The Emirate of Abu Dhabi; The Executive Council of the Emirate of Abu Dhabi; The Competent Authority: The Department of Municipalities and Agriculture (Abu Dhabi Transportation Division);; The Technical Body/ Security Body: General Directorate of Abu Dhabi Police; 1

2 The PWC: The Establishment: The PWC s User: The Trainer: A PWC is every marine medium that runs on a mechanical or steam engine, manufactured to float on water and designated for individual use (Jet Ski); Every juridical person licensed to hire PWC to others pursuant to the provisions of this law; Every natural person using a PWC, whether he/she is the owner, authorized to do so by the owner, or a renter; Every person who is technically qualified and licensed to train and instruct renters on how to use a PWC, and help and rescue them if exposed to danger. Chapter II General Provisions Article (2) Any person, whether natural or juridical, may not practice the activities of hire and use PWC in the marine zones, where these activities are authorized, unless having fulfilled the following conditions: 1- Having obtained a prior authorization or preliminary approval from the Competent Authority, allowing the 2

3 exercise of those activities in the zones designated for this purpose in the Emirate. 2- Having the PWC licensed by the Security Body in the Emirate or by the jurisdictional body in any of the State emirates, registered under its number with the Competent Authority and its license plate placed so as to be easily visible to distant observers. 3- Having obtained the commercial license required to practice the activity of hiring PWC from the Department of Planning and Economy. In all cases, the owners of unlicensed PWC shall conform their status pursuant to the procedures of this regulation. Chapter III Licensing of Establishments by the Competent Authority Article (3) Applications for licensing establishments to practice the activity of hiring PWC shall be submitted to the Competent Authority to obtain a preliminary approval, so that the licensing procedures from the Security Body can be completed and the commercial license issued. Chapter IV Licensing of Individuals and Establishments by the Security Body Article (4) Upon obtaining the Preliminary Approval license, the applicant shall apply to the Security Body Maritime Police Department to obtain a security license for the PWC, according to the following conditions: 3

4 1- The application shall be submitted on the designated form to the Maritime Police Department of the Security Body. 2- The applicant shall be at least 18 years of age. 3- The following documents shall be attached to the application: a- Customs clearance certificate; b- PWC purchase invoice; c- Endorsement of signature and agency s stamp on the PWC purchase invoice; d- A third party insurance policy valid for (13) months, and issued by an insurance company operating in the Emirate. e- A copy of the passport, and a copy of the family book for nationals; f- A copy of the passport, and a copy of a valid residence permit for non-nationals; g- Two personal photos of the registration applicant. Article (5) The licensing and registration of a PWC for the Establishment with the Security Body shall be according to the following conditions: 1- Submission of a copy of the Establishment s commercial license; 2- A comprehensive insurance of the PWC issued by an insurance company operating in the Emirate, and valid for 13 months; 4

5 The same conditions set out in Article (4) hereof shall be applied except for sub-article (2) and paragraphs (d), (e) and (f) of sub-article (3) of the said article. Article (6) Conditions for usage of PWC: 1- A PWC user shall be a swimmer. 2- No individual under 14 years of age shall be allowed to drive the PWC without a specialized trainer, or an escort who is above 18 years of age; and that the engine s power shall not exceed 1200 cc. 3- Individuals above 14 years of age shall be allowed to drive all kinds of PWC with engines of any power. 4- PWC licensed by the competent authorities in any of the State s emirates may be used in the Emirate pursuant to the law and this regulation. 5- PWC registration fees shall be levied pursuant to the respective decisions issued by the Security Body. Chapter V Commercial Licensing of Establishments Article 7 The Department of Planning and Economy shall issue commercial licenses for establishments to practice the activity of hiring PWC according to applicable legislations, in addition to the following conditions: 1- The shop s area shall not be less than 30 m A sign bearing the commercial name shall be placed in a visible manner. 3- An area shall be allocated for keeping PWC. 5

6 4- First aid and emergency rescue requirements shall be provided. 5- The shop, or any part thereof, must not be used for sleeping or lodging. 6- The Establishment s designated activity must be adhered to and the shop must not be used for repairing PWC. 7- Public cleanliness shall be maintained inside and outside the shop. Article (8) The following documents shall be attached to the commercial license application: 1- Approval of the Competent Authority to practice the activity of hiring PWC (Preliminary Approval); 2- A copy of the applicant s passport and a copy of the family book of the national partner; 3- A service agent contract for establishments, notarized by the notary public for non-nationals; 4- A copy of the endorsement of signature of the Establishment s representative; 5- Evidence showing that the applicant has a specific place or area allocated for practicing the activity of hiring PWC as approved by the competent authorities; 6- Any other documents that the Department of Planning and Economy deems necessary for issuing the license. Article (9) 1- The Department of Planning and Economy shall issue its decision to approve or decline the 6

7 application for license within a period not exceeding 15 days from the date of submission of application. The applicant has the right to submit a grievance against the decision of the Department, according to the procedures and conditions provided for in the applicable grievance system of the Department. 2- The licensing fees for PWC hire activity shall be levied pursuant to the Department of Planning and Economy s applicable rules, in addition to the applicable fees in the Emirate prescribed for issuing commercial licenses. Article (10) The commercial license shall be valid for one Gregorian year, and may be renewed for one or more similar periods upon the applicant s request, provided that the applicable conditions are fulfilled. Chapter VI PWCs Usage Places and their Entry in the Register Article (11) 1- The head of the Competent Authority, in coordination with the Abu Dhabi Tourism Authority and the Security Body, shall issue decisions designating places for the use of PWC in the marine zones. 2- Following the designation of those places, the Competent Authority shall authorize every licensed establishment to practice the activity of hiring PWC on location of the activity, through rental and according to the rental value determined by the Competent Authority. 7

8 3- PWC may only be used in the designated places as determined by a decision of the head of the Competent Authority. 4- PWC may be used in those designated places from after sunrise till sunset, across the passage leading to the starting point. Article 12 The Competent Authority shall draw up a register of establishments that are granted approval authorizations, including the following data: 1- Name of the Establishment; number and date of the preliminary approval issued by the Competent Authority; 2- Number and date of the approval authorization issued by the Department of Planning and Economy; 3- Number of locations allocated to the Establishment within the marine zones that are designated for the use and hire of PWC; 4- Any other data the Competent Authority deems necessary to enter in the register. Chapter VII Conditions of Hire and Use of PWC Article (13) When practicing the activity of hiring PWC, the licensed establishments shall comply with the following provisions: 1- To provide a trainer specialized in using PWC, and a superintendent; 8

9 2- To provide a lifeboat to be used when necessary; 3- To adhere to the locations allocated for them and to the authorized business hours from sunrise till sunset daily; 4- To keep a copy of the commercial license and the certificates of ownership of their PWC in addition to any other related documents, and to present them upon request; 5- To draw up and maintain the following registers: -One register containing the names of the Establishment s employees, the nature of their work and all other personal information, together with their residence addresses; -One register for entering the data and information related to the Establishment s PWC, namely their types and models, chassis and engines numbers, numbers registered with the Security Body and numbers and data of their insurance policies; - One register for entering the data and information related to PWC renters including, but not limited to, their names, nationalities, ages and hire date, time and period. 6- To provide preventive, safety and first aid equipment and supplies at hire locations, and compel PWC renters to wear life jackets and safety helmets; 7- To provide PWC users with the necessary information on how to use and operate them, and on the limits of the authorized and prohibited zones; 8- To refrain from undertaking any maintenance or repair works on the PWC at the locations specified for exercising the activity or on the beach, but move them to places designated for this purpose (workshops); 9

10 9- To draw up a form of the general conditions that PWC renters should observe and comply with during use, and to compel them to sign such forms before handing over the PWC to them, according to the form prepared for this purpose; 10- To observe fuel storage conditions approved by the Department of Civil Defense, whether regarding small petrol tanks or mobile tanks (towable); 11- To install one sunshade within the area allocated for the Establishment pursuant to this regulation, provided that it is removed upon the request of the Competent Authority. It should be equipped with the suitable number of seats to be used by PWC renters and users. Article (14) A PWC renter shall satisfy the following conditions: 1- Not to be under 14 years of age; 2- If the renter is between 14 and 17 years of age, hire shall be made by the custodian; 3- To be of sound mind and body enough to be thus qualified to drive a PWC; 4- To be familiar with rules of operating and using a PWC, and to be a swimmer; The Establishment is obligated to ensure that the renter fulfills all the above mentioned conditions. Article 15 A PWC may not be used or hired unless it is technically and mechanically fit to be operated and to perform its functions, as the following: 10

11 1- The registration number, issued by the Security Body, shall be placed clearly visible on both sides of the PWC, provided that it is streamlined and meets all the security and safety requirements with a contrasting color to that of the PWC. The number shall be printed in black on a white background or whatever the Security Body may deem appropriate. 2- A phosphorus sticker stating the type shall be placed on the PWC wherever determined appropriate by the Security Body. 3- The engine shall be equipped with an automatic extinguishing system of internal combustion, if any; 4- A PWC shall be subject to periodic maintenance works to ensure safety of its parts and fitness for use. Article 16 When using the PWC, the following shall be observed: 1- The PWC shall be launched from the place specified therefore, and caution shall be observed at the time of departure and return; 2- The PWC must not carry on board more than the authorized number of people, as per the data contained in the ownership book. 3- A life jacket and other safety tools shall be worn; 4- The PWC s starter key shall be tied to the driver s wrist, clothes or life jacket; 5- The PWC shall be driven away to a distance of not less than 500 feet from the beach towards the open sea, to a maximum of one nautical mile in length from the starting point; 11

12 6- The User shall stay away from public and crowded places with beach users or from restricted zones, and shall avoid disturbing beach users; 7- Principles of careful and safe driving shall be complied with and performing any stunts on the sea waves must be avoided; 8- Laws of maritime navigation shall be complied with and boats and various marine facilities must not be exposed to danger. Article (17) It is prohibited to leak or dump any oils, liquid or solid wastes or other residuals into the waters of the marine zones designated for exercising the activities set out in this regulation. It is also prohibited to fuel up PWC in the waters. Article (18) The fees for the preliminary approval from the Competent Authority, the fees for the commercial license from the Department of Planning and Economy and the fees of the Security Body and the other entities concerned with the issuance of licenses shall all be levied according to the applicable legislations in the Emirate. Article (19) The head of the Competent Authority shall issue the necessary executive decisions for implementing the provisions of this regulation. 12

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