If you’ve lived in Abu Dhabi long enough, there’s a good chance you’ve heard bizarre legal tales. The stories have likely come to you third or fourth hand, and have often been blown out of proportion through Chinese whispers and word of mouth. As a result, there’s the impression that laws are stricter than elsewhere, or inconsistent; but in reality the laws in the UAE are fair, and here to protect you.
To demystify the grey areas that are the source of most of the confusion, we spoke to police and legal experts, and rounded up the laws that are most relevant to you.
Driven to distraction
Abu Dhabi’s roads are notoriously chaotic. But there are rules governing them, and if you’re caught breaking these by the police you could end up having to pay hefty fines, have your licence suspended or even get a date in court. Here are some common questions answered.
Am I told when I commit a traffic violation?
The capital has recently launched a service whereby you are sent an SMS if you commit a traffic violation. This system is working, but still a bit erratic. The speeding laws are well established, and new laws are declared and published in every official newspaper for the period of one month. After that, residents can no longer claim ignorance. The Abu Dhabi police recommend checking their website (www.adpolice.gov.ae) at least once a month to make sure you are not gathering too many black points on your record. And you really are advised to keep an eye on those points: once you get to 24 you’ll have your licence revoked for a period determined by the court, dependant on the severity of your violations. You don’t get points for speeding tickets – unless you break the limit by more than 60kph – but you do pick up a Dhs800 fine, and could be in for a proper shock when you try to renew your car registration; nothing like thousands of dirhams worth of fines to curb your speeding habits.
What are the most commonly broken traffic laws?
Not wearing seat belts is one of the major reasons people in Abu Dhabi are fined. In 2010, more than 45,000 people were punished for not wearing safety belts. The fine for forgetting to buckle up – for drivers and passengers alike – is Dhs600, plus two black points on your licence. Failing to renew your car registration and insurance is also a common offence. If you don’t have valid car insurance or registration and you have an accident, you’ll face a date in court to decide your punishment. Even worse, should you injure or kill someone while driving an uninsured car, you could face having to make a huge payout to the victim’s family – not to mention a lifetime of guilt. Another law commonly broken by expats is drinking and driving; if drivers even have one per cent of alcohol in their body, it is a crime. You will receive 24 points – that’s instant licence revocation – and a punishment decided in court, with prison time being a common penalty.
Do children have to use a booster seat?
If a child is over 10 years old, they must wear a seat belt. If they are younger than 10, they have to sit in a child’s seat. A lot of drivers don’t know there is a fine (Dhs400, and four points) for allowing a child under 10 in the front seat, even if they are wearing a seat belt. Also, when parents take their children to school, they should drop them right outside the gates or they will be fined. They shouldn’t just leave them on the street. If anything happened to the child, or if they caused an accident, the parent would be blamed for it in a court of law; in the UAE, children are not responsible for their actions until they are 18.
What should I do if I crash?
If you have a minor collision with another car, if there are no major injuries, and if it is possible, move the vehicle to the side of the road, out of the way of other traffic. The police will come and either give you a green slip, if you weren’t responsible for the accident, or a red/pink slip if you were to blame. If you feel you were unfairly judged, don’t kick up a fuss; you have 10 days to go to the police station, and you can ask the police to reassess your case. Another officer will look at the car, along with the policeman who was at the scene of the accident. He will be asked why he came to his conclusion and given a chance to explain his point, then the case will be reviewed again. If after all of this you are still dissatisfied with the outcome, you can go to the police station and file a formal case. The case will go to the prosecution department and then to the special traffic accident division, where officials will check the cars involved and decide once and for all whose fault it was. While this is going on, to keep things fair, all fines will be put on hold until the verdict is decided. But remember, if you smashed into the back of someone, even if they braked suddenly, you are to blame because you should have left more space between you and them.
Can I drive with an international licence?
If you are on a tourist visa, you can use an international licence for a private car. If you are a resident, you must replace your international licence with a UAE one as soon as possible after receiving your residence visa in order to drive a private car.
How dark can I tint the windows of my car?
It is illegal to have windows that are more than 30 per cent tinted. People with 70 or 80 per cent tinted windows tend to argue they can still see out of them, but it’s not only about the driver: the police have
to be able to see inside to check you’re wearing a seat belt, and not talking on your mobile or getting up to any other illegal activities. Also, a 30 per cent tint has been shown to reduce heat in the car just as much as a 70 per cent tint, so there’s little argument for it anyway.
Who has right of way on zebra crossings?
Abu Dhabi is full of right-hand turns with zebra crossings on them, but most drivers don’t stop, and crossing can be a hazardous experience. Under UAE law, drivers should give pedestrians a chance to walk if there is a zebra crossing, even if it has no lights, or they can expect a Dhs500 fine plus six black points. If an accident occurs it is the driver’s responsibility, because the pedestrian has right of way. That said, even though you’ll be in the right, it’s best not to step out in front of a speeding 4×4 – the car will win that particular battle every time. Also, if you decide to cross a road at an undesignated place, as well as risking your neck you could also receive a Dhs200 fine for jaywalking.
Are indicators really necessary? And is flashing actually illegal?
Although many drivers change lanes without indicating, it is illegal. There’s only about a 5cm gap between the steering wheel and indicator stick, so why not just go with it? If you are caught jumping lanes without indicating, you could receive a Dhs200 fine and three black points. Flashing motorists to get out of your way is more serious, and that comes under reckless driving. It incurs a Dhs2,000 fine and 12 black points. However, if you are flashed, then it’s best to move out of the way; there may be a serious reason for the driver’s behaviour and, if not, then it’s best that the police deal with it.
Office politics
The UAE’s sponsorship system is notoriously tricky to understand, but here are a few answers to some of the most common questions.
If a company has invested money training me, can they claim this back when I leave?
The employer cannot seek to recover this sort of money unless a contract has been signed beforehand, stating that the employee would have to repay such amounts should they terminate their employment.
Can I live in Abu Dhabi without a visa?
The UAE laws state that in order to legally reside in the UAE, an individual must have a valid residency visa issued through a sponsor, which, for employees, is usually the employer (or a free zone if they are employed in a free zone), or the male parent or spouse. In practice, a lot of people do ‘visa runs’, but obviously they run the risk that the authorities will question this, and they could face sanctions as a result. Eventually, the border officials will spot your repeated trips and deny you entry.
What should I do if my ex-employer can’t afford/refuses to cancel my visa?
Report the matter to the Ministry of Labour (the offices are on Salam Street, near the Park Rotana hotel) immediately. It is the company’s obligation to cancel (or transfer) an employee’s visa following the termination of employment.
Can my employer prevent me from working in the UAE for any amount of time if I leave on bad terms?
If a person has worked for an employer for less than two years and the employment is terminated (or the individual resigns), an automatic six-month employment ban is imposed on them by the Ministry of Labour. This can be avoided if the employer is willing to provide the employee with a no-objection certificate (NOC). If an employee were to resign after working for an employer for more than two years, the employer might request that a ban is imposed, but it is not automatic – you also don’t need an NOC to move to a different company, as long as the leave was by mutual consent. A 12-month ban would only usually be imposed in extreme circumstances, as a result of grave disagreement for example, if the employee had been dismissed for gross misconduct. Such bans also need to be approved by the Ministry of Labour.
Does the ban law apply to free zones?
Generally, free zones do not impose bans on employees, but they may do so if it is requested by the employer. It all depends on the severity of the circumstances leading up to the dismissal of the employee. Any ban imposed by a free zone would ordinarily only be applicable within that free zone. The Ministry of Labour has no official jurisdiction over free zones, and therefore an employment ban imposed on an individual inside these zones would not generally be enforceable outside them.
What are the laws on maternity pay?
Under UAE labour law, an employee is entitled to 45 days of paid maternity leave if they have worked for the company for more than a year. If they have worked for less than a year, they are still entitled to 45 days, but at half pay. Further leave days are allowable by law, but will be unpaid, and should be discussed with employers. All the free zones follow the provisions of the UAE labour law.
Does paternity pay exist in the UAE?
There are no paternity leave or paternity pay provisions under UAE law. However, this does not stop employers from providing such benefits if they wish.
A case of identity
The deadline for applying for a national ID card has been pushed back from the end of 2010 to June 2011. But what’s the real deal behind this small piece of plastic?
Why do we need them?
All UAE residents are required to sign up for an ID card – and this includes children. At the moment, you’ll need one to register a vehicle or apply for a driving licence. But soon you’ll also need one to set up utilities with Abu Dhabi Distribution Company. And, by the end of the year, those taking out phone contracts with Etisalat and Du could need one as well.
Where do we get them from?
You’ll have to fill in an electronic form at one of Abu Dhabi’s authorised typing centres, listed at www.emiratesid.ae. You’ll need your passport, residency visa and Dhs170. Soon after you’ve filled out your forms, you’ll receive an SMS giving you a time and destination for the second part of registration, where you’ll be photographed, fingerprinted and possibly receive a retinal scan. There’s a Dhs20 fee for delivery, and your card should arrive within a month.
Do I really need one?
Although you’re not going to be fined or locked up just yet for not possessing one, the likelihood of limited access to vital everyday services should be a motivating force for you to go out and get yourself a shiny new ID card as soon as possible. For more information, head to the website www.emiratesid.ae/en.
Safe as houses
Finding a place to live is top of the list for newcomers, and, fortunately, housing availability in Abu Dhabi is on the rise. Whether you’re a new arrival who’s just started looking for a home, or you’ve been here a while and are hoping for a change of scenery, it’s best not to compound your troubles with legal issues. Here’s what you need to know.
What should I do if I move into a flat and find, for instance, construction noise? Am I entitled to a reduction in rent?
You should inspect the property closely before you sign any contract. Everything depends on the contract you sign. If the landlord is not fulfilling obligations agreed with you, such as providing a pool or parking, you can file a case with the Abu Dhabi Municipality, which will work to reach a settlement. Normally this is either a cancellation of the contract or a reduction in rent.
Are viewing fees legal?
Some estate agents now charge a fee for viewing an apartment, usually a small sum to help them separate the serious tenants from the time-wasters. This is not illegal, but agents should inform you in advance; that being said, most respectable agencies don’t condone it, so think twice about your agent before you fork out the change.
Can more than two people share a room?
Under UAE law, no more than two people can share a room.
Is it still illegal for single people to live in certain areas?
Yes. Some residential areas on Abu Dhabi Island are designated for families – such as Mushrif and Manasir. The main rule is that single people are not allowed to live in villas unless they are specifically designed for that purpose, with segregation licensed by the municipality. The Municipality takes this issue very seriously, because having a large number of people sharing one villa puts huge pressure on the city’s power supply. Since 2008, the Municipality has begun evicting tenants, especially when they’re living in villas with partitioned rooms. A good rule of thumb is that if your water and electricity bills are included in your rent, then the building probably hasn’t been granted a licence by the Municipality, and you’re staying there illegally. If it has its own meter, it’s all legit, so even though you’ll be paying a bit extra in bills, at least you’ll have peace of mind.
I’m renewing my contract, and my landlord wants to increase my rent substantially. What should I do?
Under Abu Dhabi laws, your landlord can only put your rent up by five per cent of the original rental value each time you renew your yearly contract. This is why some people who have been living here since before the city’s rental prices rocketed are paying such enviably low rents. It’s also the reason why some unscrupulous landlords have been keen to force out long-term tenants, because they can’t legally increase their rents to the current market value. If your landlord tries this, report them to the Abu Dhabi Municipality, which can be contacted on 02 583 3700.
What are the rules regarding expats buying property?
There are two ways expats can buy property in the city. Firstly, there is leasehold, which means you’re given a 99-year lease on owning the property. There are quite a few developments of this type, such as the villas out at Al Reef. Secondly, there is freehold, where there is no time restriction on ownership. The Al Bandar housing complex, near Al Raha Beach, is the first of this kind in the city. As yet, neither type of property guarantees the owner a residency visa, although this may change with time.
Last but not least…
What are the laws on which drugs you can and cannot bring into the UAE?
All recreational drugs are strictly and absolutely forbidden, even the tiniest amount. Consuming or carrying drugs, even if you are transiting through the airport from one country to another, can result in a four-year prison sentence and deportation. Buying or selling narcotics is considered a serious crime, and you can be sentenced to life-imprisonment. Some medicines accepted in the UK that contain psychotropic substances are also forbidden. Check the Drug Control Department website for clarification. If you are using prescribed drugs, it is advisable to carry a doctor’s note. If you are importing prescription drugs, you may need to seek prior agreement from the UAE authorities. Contact the Drug Control Department on 02 611 7342; email essaj@moh.gov.ae or see www.moh.gov.ae.
What are the laws regarding hailing taxis?
Legally, you can only flag down a cab from one of the assigned drop-off bays around the city. If you try to hail one from the side of the main highway and the driver stops, he’s liable for a Dhs200 fine and four penalty points. If, however, you’re hailing him from a legal area and he refuses to take you on your journey, he could face the same cash fine and penalty. Meanwhile, if you decide to eat or drink in a cab, you’ll face a Dhs200 fine, so best hold the snack until you’ve reached your destination.
What can your embassy do for you?
Among the can dos are issuing emergency travel documents, contacting you within 24 hours after you’ve been arrested, contacting family and friends for you and providing information about lawyers, interpreters and doctors. It cannot pay money on your behalf, give you legal advice, investigate crimes, bail you out of prison, or pay for health care or travel costs.
Can my company keep hold of my passport?
The withholding of employees’ passports is illegal under UAE law. However, it is still a fairly common practice in the country in certain industries. Remember, only the relevant authorities in the UAE have the power to retain an individual’s passport, and if your company tries to confiscate yours you are well within your rights to report them to the Ministry of Labour.
What is an ID card?
Each Emirates ID card has a 15-digit identity number, and a built-in chip that can hold up to 32,000 characters’ worth of your personal information. They have basically been introduced to modernise the way records are kept.
Can unmarried couples live together?
While there must be instances of unmarried couples living together in the UAE, this is an Islamic country and any actions that could offend public morals are against the law. The authorities are likely to take steps against such individuals, so if you’re living with a partner, you could find yourself in court.
What happens if I bounce a cheque?
Whereas in some countries bouncing a cheque is a pretty trivial matter, leading to nothing more than a small fine and a displeased phone call from your bank manager, in the UAE it’s a lot more serious. Here, if you sign a cheque and it bounces due to insufficient funds, this becomes a criminal offence known as cheque fraud. Your bank – or whomever the cheque was payable to – may well call the police, and you’ll be asked to report to the nearest police station where you’ll be given an opportunity to resolve the payment or face arrest. Your passport will be confiscated, and a court date assigned, by which time, if you haven’t sorted out the payment, you could be given a prison sentence of up to a month. So, in other words, when your post-dated rent cheque’s coming up to the time to be paid, make sure you have sufficient funds in your account – or you could be swapping your luxury apartment for somewhere a lot less comfortable.
