Overview
of Land Transport Law in Oman
Oman
has recently taken a very active approach in promoting and boosting
transportation services throughout the region. As part of this vision, the Ministry of
Transportation and Communication (the “MOTC”)
plans to introduce a road management system whereby it will promote efficiency
and maintain clear guidelines on the operation of public transport. The MOTC has recently issued Ministerial Decision
10/2016 (the “Land Transport Law”). The Land Transport Law was published in the
Official Gazette on 6 March 2016 and it will come into effect on 6 March 2017.
The
rules governing the Land Transport Law apply to all transport activities,
except those activities where it has clearly been established by particular
Sultani Decree or Ministerial Decision. The
Land Transport Law obliges the party seeking to conduct transport activities to
obtain an authorization from MOTC.
The
main governmental body that is in charge of facilitating and ensuring that
companies are in compliance with the Land Transport Law is MOTC. As part of its objectives, the MOTC is
responsible for preparing a comprehensive strategy for land transport services
in Wilayat and the Governorates. The MOTC is also responsible for determining
the locations of the facilities and their technical conditions and
specifications. The MOTC is also in
charge of setting and implementing the transportation fees.
Goods
transport contracts
The
carrier may inspect the goods to be transferred to check their condition and
the accuracy of the data provided to him by the shipper. If it turns out that the condition of the
goods does not allow transferring without damaging them, the carrier may refuse
to transport them unless the shipper approves in writing his knowledge about it
and he approves the goods to be transported. The carrier is responsible for the safety of
the goods. He is also responsible for
loss, or damage or delay in delivering the goods. The carrier will not be
liable to the extent of any error from the shipper or receiver or any hidden
defects in the goods.
Commission
agent
The
commission agent of transport is responsible for the safety of the passengers
and goods and cannot contract out of this liability. Article 47 provides that “Any condition that requires the full or partial exemption of the
commission agent of transport’s liability of whatever physical damage that
occurs to the passenger shall be considered null and void.”
Compensation
grounds
If it
is proven that the carrier is responsible for the delay in the delivery of the goods,
his liability will be within the range of what is equal to half or double of
the transportation fees, and shall not exceed the total value of goods
transportation fees.
Penalties
Any person contravening the provisions of this
law shall be punished by imprisonment for a term not less than one month and
not more than six months and a fine not less than OMR 100 and not more than OMR
500, or either of these punishments. The punishment is doubled for repeat
offences.
