The Council of Ministers
Having reviewed the transaction received from the Royal Court under No. 19371 dated 22/3/1441 AH, including the telegram of His Excellency the Minister of Commerce, Chairman of the Board of Directors of the National Competitiveness Center, No. 86698 dated 9/10/1440 AH, concerning his proposal to establish a center for regulating heavy equipment.
Having reviewed the Traffic Law, issued by Royal Decree No. (M/85) dated 26/10/1428 AH, as amended.
Having reviewed the Statute Governing Periodic Technical Inspection of Vehicles, issued under Clause (First) of Council of Ministers Decision No. (169) dated 19/5/1442 AH.
Having reviewed the Statute of the Saudi Standards, Metrology and Quality Organization, issued by Council of Ministers Decision No. (216) dated 17/6/1431 AH.
Having reviewed the Regulations to Be Observed When Preparing and Reviewing Draft Laws, Regulations, and the Like (Updated), issued by Council of Ministers Decision No. (713) dated 30/11/1438 AH, as amended by Council of Ministers Decision No. (476) dated 15/7/1441 AH.
Having reviewed Minutes No. (1084) dated 14/8/1441 AH, and Memoranda No. (1251) dated 29/12/1441 AH and No. (778) dated 15/5/1442 AH, prepared by the Bureau of Experts at the Council of Ministers.
Having reviewed the recommendation prepared by the Council of Economic and Development Affairs No. (20-42/22 /D) dated 1/6/1442 AH.
Having reviewed the recommendation of the General Committee of the Council of Ministers No. (4835) dated 19/7/1442 AH.
Decides as follows:
- First: Approval of the establishment of a center named (Heavy Equipment Regulatory Center), in accordance with the accompanying organizational arrangements.
- Second: The Saudi Standards, Metrology and Quality Organization shall take the necessary measures to allocate funds within its budget for the fiscal year (1442/1443 AH), for expenditure on the establishment and operation of the (Heavy Equipment Regulatory Center) within the Organization’s organizational structure, in accordance with Clause (Second) of the organizational arrangements referred to in Clause (First) of this Decision, provided that this does not result in any additional expenditure from the State’s General Budget.
- Third: The Saudi Standards, Metrology and Quality Organization shall, within a period not exceeding (three years) from the date of this Decision, prepare a draft statute for the Heavy Equipment Regulatory Center, in light of the provisions of the organizational arrangements referred to in Clause (First) of this Decision and any matters that may arise in this regard, and submit it for completion of the statutory procedures.
- Fourth: When preparing the draft statute referred to in Clause (Third) of this Decision, the Saudi Standards, Metrology and Quality Organization shall take into consideration the statutory jurisdictions assigned to the relevant authorities with respect to certain categories of heavy equipment covered by the provisions of the Traffic Law and its Implementing Regulations, the provisions of the Statute Governing Periodic Technical Inspection of Vehicles, and other laws or statutes. If the Organization considers it appropriate for the jurisdictions of the Heavy Equipment Regulatory Center to encompass all forms of heavy equipment, and if this would entail amendments to the Traffic Law, its Implementing Regulations, the Statute Governing Periodic Technical Inspection of Vehicles, or any other laws or statutes, it shall submit such proposals as it deems necessary in this regard after coordinating with the relevant authorities, while observing the Regulations to Be Observed When Preparing and Reviewing Draft Laws, Regulations, and the Like (Updated), issued by Council of Ministers Decision No. (713) dated 30/11/1438 AH, as amended by Council of Ministers Decision No. (476) dated 15/7/1441 AH.
- Fifth: When determining the heavy equipment falling within the jurisdictions of the Heavy Equipment Regulatory Center, the Supervisory Committee of the Heavy Equipment Regulatory Center—stipulated in Clause (Fourth) of the arrangements referred to in Clause (First) of this Decision—shall ensure that no overlap or duplication of jurisdictions occurs—including those relating to registration, licensing, inspection, supervision, or the performance of periodic technical inspection of vehicles—among the authorities concerned with certain categories of heavy equipment in the Kingdom, on the basis of the relevant statutory provisions, including those set forth in the Traffic Law and its Implementing Regulations and in the Statute Governing Periodic Technical Inspection of Vehicles.
Prime Minister
Proposal to establish a center for regulation of heavy equipment
First
1.The objective of the Center is to regulate the heavy equipment included in their terms of reference in order to ensure their quality and safety.
2. the Supervisory Committee, referred to in Article (4) of such arrangements, shall determine the heavy equipment covered under the Center’s Terms of reference.
Second
The Center shall be a part of the organizational structure of the Saudi Standards, Metrology and Quality Organization and shall be organizationally linked to the Governor of the Organization.
Third
Without prejudice to the terms of reference and responsibilities of the other relevant government agencies, the Center shall do whatever is necessary to achieve the purpose it was established for including:
1. Proposing the operational regulations and standards related to the general requirements, control, maintenance and operation of heavy equipment.
2. Developing the necessary plans and programs in relation to regulating the Center’s works and activities.
3. Creating a database of the heavy equipment, including making an inventory and registration of their ownership and details, in cooperation with the concerned agencies.
4. Obtaining the inspection and control agencies’ certification with regard to the safety of the heavy equipment.
5. Obtaining the training agencies’ certification of heavy equipment operators.
6. Obtaining the required licenses for heavy equipment and their operation.
7. Supervising the inspection operations of heavy equipment to ensure their safety and readiness for operation and the start of service.
8. Setting out the necessary rules for qualification and licensing of heavy equipment operators.
9. Proposing controls for the lifespan of heavy equipment and getting rid of them.
10. Suggesting the remuneration for the Center’s works and services in its respective area of competence.
11. Disseminating awareness of the importance of registration, safety and use of heavy equipment and adequacy of their operators.
12. Coordination and follow-up with governmental and private agencies in relation to the implementation of the plans and programs related to regulating heavy equipment and contributing to organizing the governmental and private agencies’ efforts in this field.
Fourth.
The Center shall have a Supervisory Committee chaired by the Governor of the Saudi Standards, Metrology and Quality Organization, with the membership of the following:
- A representative of the Ministry of Municipalities and Housing.
- Two representatives of the Ministry of Interior (the General Directorate of Civil Defense and the General Department of Traffic).
- A representative of the Ministry of Transport.
- A representative of the Ministry of Human Resources and Social Development.
- A representative of the General Authority of Customs.
- A representative of the Saudi Standards, Metrology and Quality Organization.
Fifth
The Supervisory Committee shall supervise and follow up the implementation of the Center’s works to ensure the achievement of the goal it was established for including the following:
1. Approval of the operational regulations and standards relevant to the general requirements, inspection, control, maintenance and operation of heavy equipment.
2. Approval of the Center’s plans and programs in relation to the regulation of its works and activities.
3. Adoption of controls for the lifespan of heavy materials and getting rid of them.
4. Adoption of the rules required for qualification and licensing of heavy equipment operators.
5. Approval of the remuneration for the works and services provided by the Center in its area of competence that the Supervisory Committee decides to collect money for in agreement with the Ministry of Finance and No-Oil Revenues Development Center.
Sixth
The Governor of the Saudi Standards, Metrology and Quality Organization shall issue the rules governing the Supervisory Committee’s work, meetings and decision making.
Seventh
1. The Center shall have a Chief Executive Officer to be appointed under a Resolution from the Supervisory Committee. Such Resolution shall determine the CEO’s salary and the other financial benefits. The CEO shall take over the responsibilities assigned to them by the Supervisory Committee within the limits of these arrangements, and shall represent the Center before judiciary and other agencies and they may delegate others with the same.
2- The Saudi Standards, Metrology and Quality Organization shall provide support and administrative and technical assistance to the Center, according to the available capabilities, in order to perform the responsibilities assigned to it as contained in these arrangements.
Eighth
1- Financial appropriations shall be allocated to the Center to be included in the Saudi Standards, Metrology and Quality Organization’s budget under an agreement between the Saudi Standards, Metrology and Quality Organization and the Ministry of Finance.
2. The Center’s funds shall be deposited in a checking account belonging to the Ministry of Finance with the Central Bank and shall be used to fund the Center’s activities according to the Regulation issued by the Supervisory Committee in agreement with the Ministry of Finance.
2. without prejudice to the General Court of Audit’s terms of reference, the Supervisory Committee shall appoint one or more external auditors licensed to work in KSA to audit the Center’s accounts and financial transactions and shall determine their fees. The Auditor’s report shall be submitted to Supervisory Committee and a copy of the same shall be sent to the General Court of Audit.
Nineth
Those arrangements shall be published in the official gazette and shall come into force as of the date of being published.