Traffic Crimes Penalties and Procedures
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Traffic Crimes Penalties and Procedures In accordance with UAE Traffic Law

Traffic Crimes Penalties and Procedures In accordance with UAE Traffic Law Chapter 4 of the Penal Code comes as an important part of the UAE traffic law, WhatsApp: +971555570005

 

Traffic Crimes Penalties and Procedures
In accordance with UAE Traffic Law
Amended by Federal Law No. 21 of 2007

 

Chapter 4 of the Penal Code comes as an important part of the UAE traffic law, including the penalty of any offense related to the traffic of vehicles on the roads. The aim is to raise the safety limit for those using public roads or their vehicles, Through the criminalization of violations that may lead to horrific incidents and may cause the lives of thousands of innocent people, and in fact these violations are only because of the driver’s refusal to abide by the rules and procedures specified by the Traffic Law.

 

Which in general are simple procedures that requires little attention, respect and care for the rules of traffic, In this essay we can divide traffic violations in several sections which are:

• Driving without a license:

It is a major cause of traffic accidents, where recklessness and irresponsibility make it easier for some to try or drive without a license, An outrageous act paid for by thousands of innocent people as a result of fatal traffic accidents driven by reckless people driving vehicles without a license or a license that does not allow them to drive the specific kind of vehicle,
And the law, does not wait for the crime to be held accountable for the perpetrators, but works to prevent the causes of the occurrence, so driving without a license is an offense punishable by the UAE Traffic Law, And has been defined in Article 51, which stated :

“Any person who drives a vehicle on the road without a driver’s license or a license that does not allow him to drive the same type of vehicle shall be punished by imprisonment for a period not exceeding three months and a fine of not less than five thousand dirhams.”

As for the driving of the vehicle in the case of being driven from the driver license , it is punishable as punishment of driving a vehicle without a license, and this is shown in Article 50, which stats:

” Any person who drives a vehicle on the road if he is suspended from driving by order of the court or by order of the licensing authority shall be punished by imprisonment for a period not exceeding three months and a fine of not less than five thousand dirhams.”

• Violations related to the vehicle and manipulation of its number plate

Is considered as one of the most serious violations, in order to direct intention of the driver in this case to escape from any penalty that may be affected as a result of violating the provisions of this law, the manipulation of the vehicle data and its figures lead to the inability of the authorities to attribute the car to its owner or driver.

, And the consequences of this illegal act may become very serious when using a vehicle that has been distorted or blurred in other crimes such as corruption, theft and murder, so the law criminalized any act that would be missing the identity of the vehicle in several articles of the law, Article49 states as follows:

“A person who commits any of the following acts shall be punished by imprisonment and a fine of not less than twenty thousand Dirhams or one of these two penalties:

1. Synthesis or imitation of a number plate or the use of an artificial or imitated number plate.

2. Distort, blur, or change the data of a number plate with its use as prepared for it.

3. Use or allow others to use a number plate, which he knows about its blur, distort, or change.

4. Move a license plate from one vehicle to another without the consent of the licensing authority.”

Article 52 also mentions:

“Shall be punished by imprisonment for a term not exceeding one year and a fine of not less than five thousand dirhams or one These two penalties are those who committed any of the following acts:

Lending, borrowing, renting a number plate contrary to the provisions of this law.”

• Violations related to driver behavior:

It is intended that the driver does not abide the provisions of the law as well as non-compliance with security and safety standards and wise driving , Perhaps it is serious and difficult to respect the law because of the lack of cooperation with the authorities in the event of a traffic accident,

It is obvious that this act is an attempt by the driver of the vehicle to evade legal responsibility towards the accident and its victims, so the legislator called on the driver of the vehicle to cooperate with the police in the event of a traffic accident and give them correct and complete data,

Failure to comply with this would require the penalty set forth in article 56, which said:

“Any person who refuses to give his name or address or gives an incorrect statement to a member of the police who is wearing his official clothes or showing his official identity card shall be punished by imprisonment for a period not exceeding three months and a fine of not less than five hundred dirhams and not exceeding two thousand dirhams, When he is required to do so when he is convicted of a crime punishable under the provisions of this law and the regulations and decisions issued in implementation thereof.”

Some of those who are morally irresponsible may flee immediately after a traffic accident occurs, or at the highest point, when there are victims as a result of this incident. Therefore, the law forbids the driver of the vehicle from not standing at the traffic accident. Article 49 states:

“A person who commits any of the following acts shall be punished by imprisonment and a fine of not less than twenty thousand Dirhams or one of these two penalties:

Not to stand without an acceptable excuse when a traffic accident caused by him or resulting in injuries to people”

On the other hand, the law criminalized the failure of the driver of the vehicle to cooperate with the police after a traffic accident, which is considered as a concealment of information that may benefit the investigation and helps to understand the circumstances of the incident and reach the culprit to face his punishment.

This cover-up and lack of cooperation set forth its sentence Article 52, which mentioned:

“Shall be punished by imprisonment for a term not exceeding one year and a fine of not less than five thousand dirhams or one of These two penalties are those who committed any of the following acts:

The owner of a vehicle that caused a crime or accident has failed to provide information that he could have given and which would have revealed the circumstances of the crime, the incident or the offender and facilitated his arrest.”

One of the most important points in the offenses of the driver of the vehicle as a result of his behavior, which is strongly affirmed by the law is to criminalize the driving of vehicles under the influence of alcoholic beverages or narcotic substances. Article 49 states as follows:

“A person who commits any of the following acts shall be punished by imprisonment and a fine of not less than twenty thousand Dirhams or one of these two penalties:

Driving or attempting to drive on the road, under the influence of alcoholic beverages, or narcotics and the like.”

• Public Offenses:

The legislator who established this law is subject to the implementation, Each vehicle driver is required to abide by its provisions. Each offense is considered an offense punishable by the law to the person committing the offense. Therefore, article 57 contains penalty of any violation of the provisions of this law,

“Without prejudice to the penalties provided for in this section, a penalty of imprisonment for a period not exceeding one month and a fine of not less than two hundred dirhams and not more than five hundred dirhams shall be imposed on any person who commits any violation of any other provision of this law.”

This article was considered an aggravating circumstance to return to commit any crime stipulated in this law, which said:

” It is considered an aggravating circumstance to re commit a crime punishable under the provisions of this law and the regulations and decisions issued to implement it within one year from the date of committing the crime.”

• Punitive measures:

In addition to the penalties set forth in the above-mentioned articles, the legislator of the court authorized some punitive measures for the perpetrator of the crime relating to traffic. In this regard, the legislature is keen to deter violators from repeating these acts.These punitive measures is shown in article 58, which stated:

“If a person is convicted of a crime related to the driving of a mechanical vehicle, the court may:

1. To suspend his driving license for a certain period and to deny him the right to obtain a renewed license for another period after the expiration of the suspended license.

2. To deny him the right to obtain a driver’s license for a certain period if he does not hold a license under this Law.

3. The order entails suspending the license or depriving it of the right to obtain it, failing to use during the period of detention, and not obtaining another license during the period of arrest or denial of the license.

4. A person who contravenes the provisions of this law who apply for a license in violation of the provisions of this Article. The license obtained by this violation shall be void.

5. However, a person deprived of the right to obtain a driver’s license may apply to the same court that convicted him of a request to cancel the deprivation after six months from the date of conviction.

• Summary

The provisions contained in the Penal Code section of UAE Traffic Law are realistic and include the suitability of each violation and the penalty it requires,

And most importantly that it came in line with human instinct, where the driver of the vehicle is ordered to stop at the occurrence of traffic accident and cooperate with the police and other competent authorities, in aiding victims and provide all the necessary information to indicate the circumstances of the incident,

Every driver must understand that these provisions are to protect him and protect others, Where simple mistakes while walking on the roads result in significant human and economic consequences and losses.

 

Mohamed Mahmoud Al Marzooqi law firm

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE

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Traffic Crimes Penalties and Procedures In accordance with UAE Traffic Law Chapter 4 of the Penal Code comes as an important part of the UAE traffic law, WhatsApp: +971555570005

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