Cabinet Resolution Concerning the Administrative Fines Imposed for Violating Cabinet Resolution Concerning the National System for Tracking Trucks and Shipments in the State
The last update on this law was listed on 30 Dec 2022
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The Cabinet:
‒ Having reviewed the Constitution; and
‒ Federal Law No. (1) of 1972, On the Competences of Ministries and Capacities of Ministers, and its amendments thereof; and
‒ Federal Law No. (9) of 2011, On Land Transport, and its amendments thereof; and
‒ Federal Law No. (14) of 2016, On the Administrative Violations and Penalties in the Federal Government; and
‒ Federal Decree-Law No. (26) of 2019, On Public Finance; and
‒ Federal Decree-Law No. (14) of 2021, Establishing the Federal Authority for Identity, Citizenship, Customs, and Ports Security; and
‒ Cabinet Resolution No. (95) of 2021, Concerning the National System for Tracking of Trucks and Shipments in the State; and
‒ Based upon the proposal submitted by the Minister of Finance, and the Cabinet’s approval,
Has Resolved:
Article (1) Definitions
In application of the provisions of this Resolution, the following terms and phrases shall have the meanings assigned to each, unless the text requires otherwise:
State: United Arab Emirates.
Authority: Federal Authority for Identity, Citizenship, Customs, and Ports Security.
Chairman: Chairman of the Authority.
Truck: Every transport vehicle designed to transport commodities or other things.
Truck Owner: Every natural or legal person owning the truck.
System: The national system for tracking trucks and shipments in the State, approved pursuant to Cabinet Resolution No. (95) of 2021 referred to above.
Article (2) Scope of Application
The provisions of this Resolution shall be applicable to shipments and trucks, as well as its owners, which violate the provisions of Cabinet Resolution No. (95) of 2021 referred to above.
Article (3) Administrative Fines
1. Without prejudice to any more severe penalty stipulated in any other legislation, the Chairman of the Authority, or whoever he delegates, may impose administrative fines on trucks, or their owners, for violating the provisions of Cabinet Resolution No. (95) of 2021 referred to above, in accordance with the violations and fines shown in the following table:
|
No |
Violation |
Administrative Fine (in AED) |
|
1 |
The truck owner’s, who practices the land transport activity, failure to register the truck for import, export, and transit operations, within the time period designated by the Chairman in coordination with the Minister of Finance, as of the enforcement of this Resolution. |
(1,000) One Thousand for the first month and (100) One Hundred for each month afterwards and capped at (5,000) Five Thousand |
|
2 |
Failure to renew of the registration in the system within (60) sixty days as of its expiry date. |
(500) Five Hundred for every month and capped at (2,500) Two Thousand Five Hundred |
|
3 |
Failure to update the information in the system within (30) thirty days as of the date of changing the information. |
|
|
4 |
Provision of misleading or incorrect information on the system registration application. |
(5,000) Five Thousand and capped at (10,000) Ten Thousand |
|
5 |
Destruction, removal, or manipulation of electronic monitoring device’s locks, or the affiliated devices, or opening the shipment before arrival to its destination. |
(1,000) One Thousand and capped at (5,000) Five Thousand |
|
6 |
Changing the truck’s determined course, changing the truck’s driver, or changing the truck’s head without notifying the competent authority. |
(500) Five Hundred Dirhams and Capped at (2,000) Two Thousand |
|
7 |
Loading or offloading the goods off the truck before arrival to its final destination within the permitted time period. |
(5,000) Five Thousand and capped at (10,000) Ten Thousand |
2. For the purposes of applying the administrative fines imposed pursuant to this Article, the part of each month shall be calculated as a full month.
3. The Authority shall collect the administrative fines, imposed pursuant to this Article, through the means determined by the Ministry of Finance.
Article (4) Grievance Against the Administrative Fines
1. Any interested person may file a grievance against any of the administrative fines, stipulated in Article (3) of this Resolution imposed on him, within (15) fifteen days from the date of being notified of the decision subject of the grievance, provided that the said grievance shall be justified and annexed with all the supporting documents, in accordance with the procedures determined pursuant to a Chairman’s resolution.
2. The Authority shall rule upon the grievance within (30) thirty days, as of its date of submission, in accordance with the procedures determined pursuant to the Chairman’s resolution; and its non-response to the grievance, within the said period, shall be deemed as a rejection.
3. The decision issued for the grievance shall be final.
Article (5) Executive Resolutions
The Chairman shall issue the resolutions and instructions necessary for implementing this Resolution.
Article (6) Repeals
Any provision conflicting or contradicting with the provisions of this Resolution shall be repealed.
Article (7) Publication and Enforcement
This Resolution shall be published in the Official Gazette and it shall come into force as of 31 October 2023.
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