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Cabinet-138-2023 · Federal

Cabinet Resolution No. (138) of 2023

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Преамбула

Penalties Imposed Upon its Violation

Regulating the Weights and Dimensions of Heavy Vehicles and the Administrative Penalties Imposed Upon its Violation

The Cabinet, ‒ Upon reviewing the Constitution; and ‒ Federal Law No. (1) of 1972, Concerning the Competences of Ministries and the Powers of Ministers, and any amendments thereto; and ‒ Federal Law No. (21) of 1995, Concerning Traffic and amendments thereto; and ‒ Federal Law No. (14) of 2016, Concerning Administrative Violations and Penalties in the Federal Government; and ‒ Federal Decree-Law No. (12) of 2023, Regulating the Weights and Dimensions of Heavy Vehicles and ‒ Based upon the proposal submitted by the Minister of Energy and Infrastructure, and the approval of the Cabinet, Has resolved as follows:

  1. Definitions In application of the provisions herein, the following words and expressions shall have the meanings ascribed thereto, unless the context requires otherwise: 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.

    Penalties Imposed Upon its Violation

    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.

    Overall Height of Heavy Vehicle : The vertical distance from the road surface to the highest point of the Heavy Vehicle.

    Overall Length of Heavy Vehicle : The horizontal length distance from the maximum front overhang of a Heavy Vehicle to its maximum rear overhang, excluding accessories attached to Fire- Fighting Engines.

    Overall Width of Heavy Vehicle : The transverse distance measured perpendicular to the longitudinal Axle of the Heavy Vehicle between the most overhang parts on the sides, excluding mirrors, direction indicators and corner lights and including any equipment installed on the vehicle to increase its carrying capacity.

    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.

    Penalties Imposed Upon its Violation

    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.

  2. Weights and Dimensions Table

    1. The maximum total and Axle weights of Heavy Vehicles specified in Table No. (1) and Table No. (2) of Annex No. (1) to this Resolution may not be violated.

    2. The Maximum Dimensions of Heavy Vehicles specified in Table No. (3) Annex No.

    (1) to this Resolution may not be violated.

  3. Non-Dividable Load Controls

    1. Save the provisions of Article (2) of this Resolution, a Heavy Vehicle may exceed the maximum Weights and Dimensions in cases of load that does not facilitate its division in accordance with the Weights and Dimensions specified in Annex No.

    (1) attached to this Resolution, pursuant to a transportation permit issued by the Ministry. Or the Competent Authority, in accordance with the following controls:

    a. No practical alternatives for transporting the load are available.

    b. The safety of the infrastructure or bystanders is not affected.

    c. The permit period to complete the transfer process is defined.

    d. Any other controls determined by the Ministry or the Competent Authority.

    Penalties Imposed Upon its Violation

    2. An application to obtain a permit to transport the load referred to in Clause (1) of this Article shall be submitted to the Ministry or the Competent Authority, attached by documents supporting the accuracy of the data contained in the application.

    3. The Minister or the head of the Competent Authority shall determine the requirements and procedures for issuing the permit to transport the load referred to in Paragraph (A) of Clause (1) of this Article on the roads falling within the scope of their jurisdiction and responsibility.

  4. Violations and Penalties

    1. Without prejudice to any Administrative Penalties stipulated in any other legislation, the Minister, the head of the Competent Authority, or any One authorised by either of them, may impose Administrative Fines on Heavy Vehicles, if they commit any of the violations specified in Annex No. (2) attached to this Resolution indicated next to each of them.

    2. The Ministry or the Competent Authority may not impose more than One fine for the same violation, if it is committed during a single trip, even if it is monitored multiple times.

    3. In the event of committing a violation of exceeding the Maximum Total Weight specified in Table No. (1) of Annex No. (1) attached to this Resolution and a violation of exceeding the maximum Axle weight specified in Table No. (2) of the same Annex during Single Trip, in this case, the maximum fine shall apply.

    4. If the violations specified in Clauses (1) to (6) of Annex No. (2) attached to this Resolution are repeated, within One month from the date of committing the same violation, or if the value of the fines that have not been paid for the violations exceed (45,000) forty-Five Thousand AED, the Competent Authority may seize the Heavy Vehicle or prevent its operation on the roads for a period not exceeding (30) thirty days. The Competent Authority may exempt the owner of Heavy Vehicle from the penalty of seizure in exchange for paying a fine of no less than (200) Two

    Penalties Imposed Upon its Violation

    Hundred AED for each day of the scheduled seizure, provided that the amounts of the fines that have not been paid for the committed violations are paid.

  5. Appeal Any One with a capacity and interest may file Appeal with the Minister, the head of the Competent Authority, or any One authorised by either of them, against any Resolution or action taken against him, within (15) fifteen days from the date of his notification of the appealed decision or action. The Appeal shall be in writing, reasoned, and attached by all supporting documents. The Appeal will be decided within thirty (30) days from the date of its submission in accordance with the procedures in force at the Ministry or the Competent Authority.

  6. Fees and Fines Collection The Competent Authority shall collect the Administrative Fines resulting from violating the provisions of this Resolution by means determined by applicable legislation, and the value of the fines collected shall be transferred to the entity responsible for managing the road network and its components.

  7. Executive Resolutions The Minister or the Competent Authority shall issue the decisions necessary to implement the provisions of this Resolution.

    Penalties Imposed Upon its Violation

  8. Repeals Any provision that violates or contradicts the provisions of this Resolution shall be repealed.

  9. Publication and Entry into Force of the Resolution This Law shall be published in the Official Gazette and shall come into force from 01.02.2024.

    Mohammed Bin Rashid Al Maktoum Prime Minister

    Issued by Us, On: 16 Jumada II 1445 A.H. Corresponding to: 20 December 2023 AD

    Penalties Imposed Upon its Violation

    Annex No. (1) Tables of Total and Maximum Axial Weights and Dimensions Attached to Cabinet Resolution No. (138) of 2023 Table No. (1) Heavy Vehicles Maximum Total Weights SN Number of Vehicle Axles Maximum Total Weight 1 Two-Axle Heavy Vehicle (2) (21) Tons 2 Three-Axle Heavy Vehicle (3) (34) Tons 3 Four-Axle Heavy Vehicle (4) (45) Tons 4 Five-Axle Heavy Vehicle (5) (56) Tons 5 Six-Axle Heavy Vehicle (6) or above (65) Tons Table No. (2): Maximum Weights for Axle or Group of Axles in Heavy Vehicles SN Axle Type Maximum Total Weight 1 Single Axle Steerable (8) Tons 2 Single Axle Non-Steerable (13) Tons 3 Double Tandem Axle (26) Tons 4 Triple Tandem Axle (33) Tons 5 Quadrant Tandem Axle (33) Tons Table No. (3) Maximum Dimensions of Heavy Vehicles SN Heavy Vehicle Type Overall length of Heavy Vehicle Overall Width of Heavy Vehicle Overall height of Heavy Vehicle 1 Single Heavy Vehicle (Compact) (12.5 metres) (2.6 metres) (4.6 metres) 2 Trailer and Semi- Trailer (21 metres) (2.6 metres) (4.6 metres) 3 Locomotive, Trailer and Semi-Trailer (28 metres) (2.6 metres) (4.6 metres)

    Penalties Imposed Upon its Violation

    4 Heavy Vehicle Carrying Light Vehicles (23 metres) (2.6 metres) (4.75 metres)

    Penalties Imposed Upon its Violation

    Appendix No. (2) Violations and Penalties attached to Cabinet Resolution No. (138) of 2023 Administrative Fine Violation SN

    (400) Four Hundred AED for each Ton or part thereof. The Heavy Vehicle exceeds the Maximum Total Weight by less than (10%) of the weight during Single Trip.

    (500) Five Hundred AED for each Ton or part thereof. The Heavy Vehicle exceeds the Maximum Total Weight between (10%) and (20%) of the weight during Single Trip.

    (600) Six Hundred AED for each Ton or part thereof, with a maximum of (15,000) fifteen Thousand AED. The Heavy Vehicle exceeds the Maximum Total Weight by exceeding (20%) of the weight during Single Trip. (1,500) One Thousand Five Hundred AED for each single Axle or for each group of Tandem Axles in Single Trip. Exceeding the maximum Axle weight specified in Table No. (2) of Annex No. (1) attached to this Resolution. 3,000 (Three Thousand AED) for Single Trip The Maximum Dimensions specified in Table No. (3) Annex No. (1) to this Resolution are violated. (5,000) Five Thousand AED. Intentional evasion of Weighing Stations or monitoring sites. 5,000 (Three Thousand AED) for Single Trip Fail to comply with the controls of the cargo transport permit that do not facilitate its division. (5,000) Five Thousand AED. Provide incorrect data in the application to obtain a cargo permit that does not facilitate its fragmentation.

    Penalties Imposed Upon its Violation

    (2,500) Two Thousand Five Hundred AED. Fail to comply with the instructions of the authorised person.