PARENTAL LIABILITY FOR UNAUTHORIZED DRIVING BY MINORS UNDER UAE LAW

In UAE, parents or guardians can face both legal and civil consequences if a minor drives a vehicle, particularly where they knowingly permit, facilitate, or negligently fail to prevent the child from driving. Liability depends on the circumstances, including the age of the minor, ownership of the vehicle, and whether an accident or injury occurred.

The subject is primarily governed by:

1. Federal Decree-Law No. 14 of 2024 on Traffic Regulation (and its Executive Regulations), which regulates licensing, traffic offences, and penalties relating to unlicensed driving.
2. Federal Decree-Law No. 31 of 2021 (UAE Penal Code), where negligence or conduct endangering others may give rise to criminal liability depending on the facts.
3. Federal Decree-Law No. 25 of 2025 (Civil Transactions Law), which governs civil liability and compensation for wrongful acts.
4. Federal Decree-Law No. 38 of 2022 on Juvenile Delinquents and Children at Risk of Delinquency, where the offending driver is a minor.

Legal Age of Driving

In UAE, the minimum legal age to obtain a driving licence depends on the type of vehicle.

1. Criminal Liability

A minor who is below the legal driving age is not legally entitled to drive. If parents or guardians knowingly allow or encourage a minor to drive, they may be subject to criminal investigation where their conduct amounts to negligence or facilitates the commission of an offence.

Where the minor causes a road accident resulting in death, injury, or property damage, the authorities may investigate not only the minor (subject to the juvenile justice law) but also the parent or guardian if there is evidence that they:

1. entrusted the vehicle to the minor;
2. permitted the minor to drive despite knowing that he or she was unlicensed; or
3. failed to exercise reasonable supervision.

Depending on the facts, offences under the UAE Penal Code relating to negligence or endangering public safety may arise.

2. Civil Liability

Under the UAE Civil Transactions Law, a person who causes damage through a wrongful act is liable to compensate the injured party. In cases involving minors:

1. The minor may be civilly liable for the damage caused.
2. Parents or guardians may also be held liable where they were negligent in supervising the child or where they entrusted the vehicle to the minor.
3. If the parent is the registered owner of the vehicle and knowingly allowed the minor to drive, this significantly strengthens the basis for a claim against the parent.

The injured party may pursue compensation for:

1. personal injuries;
2. death;
3. vehicle repairs;
4. property damage;
5. medical expenses;
6. loss of income; and
7. moral damages, where applicable.

3. Insurance Consequences

Motor insurance policies in the UAE generally require that:

1. the driver holds a valid UAE driving licence; and
2. the driver is legally permitted to operate the vehicle.

If an unlicensed minor drives the insured vehicle:

1. the insurer may compensate third parties as required under compulsory motor insurance rules; however,
2. the insurer may subsequently exercise its right of recovery against the insured vehicle owner or policyholder if the accident occurred while the vehicle was being driven by an unlicensed driver in breach of the policy terms.

Accordingly, parents may ultimately bear substantial financial liability.

4. Traffic Penalties

Allowing an unlicensed person to drive is itself a serious traffic violation under UAE traffic laws. Depending on the circumstances, consequences may include:

1. fines;
2. black points;
3. vehicle impoundment;
4. prosecution before the competent court; and
5. other administrative measures imposed by the traffic authorities.

To conclude, UAE law does not impose automatic liability on parents merely because their child is involved in an incident. However, where parents knowingly permit or negligently allow a minor to drive, they may face criminal prosecution, civil claims for damages, traffic penalties, and insurance recovery actions. The extent of liability is determined by the specific facts and the degree of parental knowledge, permission, or negligence.

At Ayesha AlDhaheri Advocates & Legal Consultants, we provide comprehensive legal advice and representation in matters involving traffic offences, civil liability, insurance disputes, and compensation claims arising from road accidents. If you require legal guidance or representation, our experienced team is here to assist you.