A person who drives on a UAE road without a driving licence, or with a licence that does not cover the type of vehicle he is driving, commits a criminal offence rather than a routine traffic violation. On a first offence, the court may impose imprisonment of up to three months and a fine of between AED 5,000 and AED 50,000, or either penalty alone. On a repeat offence, imprisonment is for not less than three months and the fine rises to between AED 20,000 and AED 100,000, again with the court able to impose either penalty alone. These penalties are set out in Article 37 of Federal Decree-Law No. (14) of 2024 on the Regulation of Traffic (the “Traffic Law”).
The Car Owner’s Criminal Liability
The owner’s exposure begins with the fact that the car was his and that he handed it over. The Traffic Law does not treat the matter as the driver’s problem alone. It prohibits any person responsible for a vehicle from allowing it to be driven by someone who does not hold a licence for that type of vehicle, under Article 8 of the Traffic Law.
The more serious consequence arises under the general rules on criminal participation. A person who knowingly provides the means or assistance used to commit an offence may be treated as an accomplice by causation. Where the owner knew the driver was unlicensed and gave him the keys regardless, the car itself may be regarded as the means through which the offence was committed. This is set out in Article 46 of Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law (the “Penal Code”).
An accomplice is, as a general rule, liable to the same penalty as the person who committed the offence, unless the law provides otherwise, under Article 48 of the Penal Code. In practical terms, the owner may face the same range of imprisonment and fine as the friend who was driving.
Knowledge is the decisive element. The issue is not whether the owner lent his car. The issue is whether he knew, when he lent it, that the driver was not licensed to drive it. An owner who was shown a licence that later proved invalid stands in a materially different position from one who knew there was no licence at all, although the court will assess the facts of each case.
Who Pays After an Accident?
Where the unlicensed driver causes an accident in which a third party is injured or property is damaged, the injured party is not left without a remedy. The insurer compensates the third party under the policy in the ordinary way. The difficulty for the owner arises afterwards.
Once the insurer has paid the third party, the insurer may pursue both the insured and the driver to recover what it paid, where it is proven that the vehicle was driven by a person without a licence for that type of vehicle. This right of recourse is set out in Chapter Five of the Unified Motor Vehicle Insurance Policy Against Third Party Liability, issued under Insurance Authority Board of Directors’ Decision No. (25) of 2016. A corresponding right appears in the unified policy covering loss of and damage to the insured vehicle.
The recovery claim is civil and proceeds separately from any criminal case. Where serious injury is involved, the sums paid to the injured party, including medical costs and compensation, may be substantial, and the insurer may pursue the owner and the driver for the full amount.
Lending your vehicle to a person without a valid UAE driving license may therefore result in a criminal case, a fine, imprisonment, and a debt to the insurer. The precaution is simple: before handing over the keys, the owner should verify the driver’s license and confirm that it is valid in the UAE and covers the type of vehicle concerned.
Frequently Asked Questions
Is the owner liable if he did not know that the friend had no licence?
Liability as an accomplice depends on knowledge, so an owner who did not know is in a stronger position on the criminal side. The insurer’s right of recourse, however, is assessed under the terms of the policy, and the owner should not assume that a lack of knowledge will answer that claim.
Can a tourist drive a friend’s car in the UAE on a foreign licence?
A tourist may, in certain cases, drive on a licence issued by a recognised foreign state or on an international driving permit, subject to the conditions set by the licensing authority. A UAE resident is generally required to hold a UAE licence. Driving on a licence issued by a state that is not recognised in the UAE is a separate offence, carrying a fine of between AED 2,000 and AED 10,000 on a first offence, under Article 37 of the Traffic Law.
Will the insurance company refuse to compensate the injured party because the driver was unlicensed?
No. The injured third party is compensated under the policy. The absence of a licence affects who ultimately bears the cost, because the insurer may then recover the amount from the insured and the driver.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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