What Is the Violation of Transporting Pilgrims Without a Permit in Saudi Arabia?

Translation of the attached article:

The violation of transporting pilgrims without a permit is one of the serious violations that Saudi regulations strictly emphasize, especially as the Hajj season approaches. This violation falls within the rules aimed at protecting the safety and security of pilgrims and ensuring that the rituals are performed safely, away from unlawful overcrowding and congestion.

The competent authorities have clarified that this violation exposes the offender to strict penalties, including financial fines, imprisonment, or confiscation of the means of transport. In this article, we will explain the value of the violation for transporting pilgrims without a permit, when it applies, how to object to it, and other related details.

What Is the Violation of Transporting Pilgrims Without a Permit in Saudi Arabia?

Transporting pilgrims without a permit means that companies or individuals transport pilgrims without obtaining the required official permits from the competent authorities.

This type of violation exposes offenders to administrative penalties and financial fines because transport without a permit affects pilgrims’ safety and disrupts public order.

When Is the Violation of Transporting Pilgrims Without a Permit Applied to the Driver or Transporter?

The violation of transporting pilgrims without a permit applies when a driver or transporter takes people to Makkah or the holy sites during the Hajj season without verifying that they have the required legal permits. Below are the cases in which the violation applies:

Transporting a Visit Visa Holder to Makkah or the Holy Sites:

Transporting visit visa holders during the Hajj season is one of the most prominent forms of this violation, especially because this visa does not authorize its holder to perform Hajj. The transporter is expected to verify this before transport.

Transporting a Person Who Does Not Hold a Hajj Permit:

If any person who does not have an official Hajj permit is transported, whether a citizen or resident, the violation is recorded against the transporter even if they claim lack of knowledge, because they have a duty to verify before transporting.

Transporting a Resident Who Does Not Hold an Entry Permit to the Holy Capital:

During the restriction period, entry to Makkah is only allowed with a permit. Transporting a resident without this permit is considered a separate violation, even if they do not intend to perform Hajj.

Transport Through Official or Unofficial Entrances:

Whether transport takes place through official or unofficial entrances, the violation exists, and it may be more severe if there is an attempt to circumvent the regulations.

How Much Is the Fine for Transporting Pilgrims Without a Permit?

A large financial fine is imposed on the transporter for each person transported without a permit, and the fine may be multiplied in case of repeat violation or multiple transported persons.

If the violation is committed for the first time, a financial fine of SAR 10,000 is imposed. If it is committed for the second time, a financial fine of SAR 25,000 is imposed. If it is committed for the third time, a financial fine of SAR 50,000 is imposed.

Penalties Associated with Transporting Pilgrims Without a Permit

The penalties associated with transporting pilgrims without a permit vary depending on the type and recurrence of the violation. These penalties include:

• Financial penalties that vary according to the number of violating pilgrims caught with the transporter.
• Imprisonment for 15 days if the violation is committed for the first time, imprisonment for two months if it is committed for the second time, and imprisonment for 6 months if it is committed for the third time.
• Confiscation of the means of transport used in the violation.
• Public naming of the offender.
• Preventing the offender from transporting pilgrims in the future or suspending the activity.
• Deporting the transporter after serving the penalty if they are an expatriate, with a permanent ban on entering the Kingdom.

Can the Vehicle Be Confiscated in a Violation of Transporting Pilgrims Without a Permit?

Yes, in some cases, the vehicle used to transport violators may be confiscated, especially if deliberate violation or recurrence is proven. This is considered one of the harshest penalties because it is not limited to a financial fine only, but extends to losing the means of work itself.

This applies especially if the vehicle is owned by the transporter. Confiscation may be requested for the means of transport used, whether owned by the transporter, a contributor to the violation, or an accomplice.

Who Bears Legal Responsibility for Transporting Pilgrims Without a Permit?

Responsibility falls directly on the driver or transporter because they are responsible for the transport process. However, responsibility may extend to other parties in some cases, such as the vehicle owner if they were aware of the violation, or the entity that organized the transport unlawfully.

Does the Violation Include Transporting Visit Visa Holders to Makkah?

Yes, the violation includes transporting visit visa holders during the Hajj season because this category is not permitted to enter Makkah or perform the rituals during the restriction period. Transporting them is considered a separate violation even if they are not caught inside the holy sites, because merely attempting to bring them in is considered a breach of the regulations.

The Difference Between a Hajj Permit and an Entry Permit to Makkah for Residents

A Hajj permit differs from an entry permit to Makkah. A Hajj permit is designated for pilgrims who wish to perform the rituals, while an entry permit to Makkah is granted to other categories, such as workers and residents outside Makkah whose work requires them to be present inside Makkah.

It also includes entities and volunteers participating in organizing the Hajj season from outside Makkah. The purpose of this distinction is to ensure that entry to Makkah is organized according to the actual need of each category.

To avoid falling into a violation or legal liability during the Hajj season, it is important to first learn about the Hajj requirements for residents in Saudi Arabia, so that you are aware of the permits and regulatory requirements before taking any step.

Legal Effects on the Resident or Expatriate Transporter

The violation of transporting pilgrims without a permit affects the legal status of the transporter, especially if they are a resident. The most prominent effects include:

• Imposition of financial fines.
• Impact on residence permit renewal or sponsorship transfer.
• Suspension of some government services until the violations are paid.
• Deportation in some cases.
• A ban from entering the Kingdom for a specified period after deportation.

How to Inquire About a Violation of Transporting Pilgrims Without a Permit

The Saudi Ministry of Interior allows inquiries about a violation of transporting pilgrims without a permit easily through the Absher platform using the residence number or ID number by following these steps:

1. Log in through the Absher platform.
2. Select violation services within the platform.
3. Enter the required data to display the violation details.
4. The violation details will then be displayed before you.

Is It Better to Pay the Violation for Transporting Pilgrims Without a Permit or Object?

There are some cases where paying the violation for transporting pilgrims without a permit is better, and other cases where objection is necessary. Therefore, we explain these cases below:

When Is Payment Appropriate?

Payment is the best option if the violation is valid and proven by evidence, and there is no room to challenge it, because this ends the matter quickly and prevents any escalation.

When Is Objection Necessary?

Objection is preferable if there is an error in registering the violation, if the transporter was unaware of the situation, or if there is insufficient evidence clearly proving the incident.

The Effect of Payment Before Studying the Legal Position:

Early payment may close the door to objection in some cases. Therefore, it is recommended to review the legal position first before making the decision to pay, especially in major violations.

How to Object to a Violation of Transporting Pilgrims Without a Permit

You can object to a violation of transporting pilgrims without a permit by following these steps:

1. Access the Absher electronic platform.
2. Log in to your personal account on the platform.
3. Click “My Services” from the main menu.
4. Then click Traffic Services, then Objection to Violations.
5. Select the violation type and choose the violation of transporting pilgrims without a permit.
6. Fill out the electronic objection form and mention all details and reasons.
7. Attach any supporting documents, if available.
8. Then submit the request and wait for the response from the competent authorities.

Because some violations may be issued against establishments or activities related to tourism and hospitality, it is important to review objection to Ministry of Tourism violations to learn about the legal objection steps.

Documents Required to Object to a Violation of Transporting Pilgrims Without a Permit

The documents required to object to a violation of transporting pilgrims without a permit include the following:

• A copy of the violation notice or number.
• The transporter’s ID or residence permit.
• The driving license and vehicle registration.
• Any evidence proving lack of knowledge or that the violation did not occur.

The Difference Between Illegal Transport and Organizing Unlicensed Hajj Campaigns

Illegal transport means that a person directly transports individuals without a permit, and it is usually individual or limited in scope.

Organizing unlicensed Hajj campaigns, however, includes arranging trips or providing services to pilgrims without an official permit. This is considered a more serious violation and may fall under organized unlawful activities, with greater and more severe penalties.

When discussing transporting pilgrims without a permit, it is also necessary to know the fine for Hajj without a permit to understand the penalties that begin with the violating pilgrim and may extend to the transporter.

When Do You Need a Lawyer for a Violation of Transporting Pilgrims Without a Permit?

You need a lawyer for a violation of transporting pilgrims without a permit in the following cases:

• If the fine is large or linked to a large number of violators.
• If there is a risk of vehicle confiscation.
• If the penalty includes deportation or a ban from entering the Kingdom.
• If there is an error in registering the violation or weakness in the evidence.
• If the objection to the violation is rejected and you need legal escalation.

Why Is Nawaf bin Awad Al-Harbi Law Firm Your Best Choice?

If there is a violation of transporting pilgrims without a permit, resorting to Nawaf bin Awad Al-Harbi Law Firm is your best choice in this case for the following reasons:

• The firm has experience in administrative cases and seasonal regulation violations.
• The firm conducts a detailed analysis of each case and determines the best legal path, whether paying the violation or objecting to it.
• The firm prepares strong objections supported by evidence and legal defenses.
• The firm follows up on the procedures until the grievance or judicial appeal stage when needed.
• The firm works to reduce or cancel fines.

Therefore, do not hesitate to contact us now to receive the best legal consultations or legal assistance.

Conclusion

The violation of transporting pilgrims without a permit is a serious violation that exposes its perpetrator to major penalties such as financial fines, imprisonment, confiscation of the means of transport, and other penalties such as deportation or a permanent ban from entering the Kingdom. This makes it a high-risk violation that requires resorting to a specialized and experienced lawyer.

Frequently Asked Questions

When Do You Have the Right to Object to a Violation of Transporting Pilgrims Without a Permit?

You have the right to object to a violation of transporting pilgrims without a permit if you did not transport any pilgrim and the violation was recorded incorrectly, if you had a valid permit at the time of being stopped and it was not verified, if you were not driving the vehicle at the time of the violation and the vehicle was only registered in your name, or if you did not receive an official violation notice within the specified period.

What Is the Importance of Inquiring About a Violation of Transporting Pilgrims Without a Permit?

Inquiring about a violation of transporting pilgrims without a permit is important for any entity or person who wants to ensure that no violations are registered against them. Through the inquiry, it is possible to know the violation details, such as the fine amount, registration date, and the method of objection or payment.

What Happens After Submitting the Objection?

After submitting an objection to a violation of transporting pilgrims without a permit, the request is referred to the competent authority for review. If accepted, the penalty is reduced or the violation is cancelled. If rejected, the decision remains effective and you will be required to pay the violation within the specified period.