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OrdinanceAdministrative Law

Railways Ordinance [New Version], 5732-1972

פקודת מסילות הברזל [נוסח חדש], תשל"ב-1972

Published: 1972-03-23Last amended 2026-03-31✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Section H: Licence to Drive a Local Train

Obligation to Drive under a Licence§
46q.

No person shall drive a local train unless a licence to drive a local train has been granted to that person in accordance with the provisions of this Section, and in accordance with the conditions and restrictions prescribed in the licence and with the provisions under this Section.

Prohibition on Transfer of a Licence to Drive a Local Train§
46r.

A licence to drive a local train is personal and is not transferable.

Conditions for the Grant of a Licence to Drive a Local Train§
46s.
(a)The Director shall grant an applicant a licence to drive a local train or shall renew it, if satisfied that the conditions prescribed by the Minister under subsection (b) and under section 57(a)(10) and (15) are fulfilled in respect of the applicant.
(b)The Minister shall prescribe conditions for the grant of a licence to drive a local train or for its renewal, including conditions in respect of the following matters, and may prescribe different conditions for different types of licences:
(1)the minimum age requirement of the applicant;
(2)the education, training, skill, knowledge and professional experience required for the purpose of obtaining the licence, including recognition of training and experience acquired outside Israel, as well as examinations to be administered by or with the approval of the Director that the applicant must pass;
(3)conditions that take into account the criminal record of the applicant;
(4)conditions in respect of the physical, health and mental fitness required of the applicant, and the procedures for examining such fitness;
(5)circumstances in which it is not appropriate to grant an applicant a licence to drive a local train, by reason of the manner of driving a vehicle under the Local Train Ordinance, or by reason of the manner of driving a vehicle under the Traffic Ordinance [New Version] that constitutes a danger to road users in accordance with the provisions under that Ordinance.
Exemption§
46t.

The Minister may prescribe cases or circumstances in which a person shall be exempt from the obligation to obtain a licence to drive a local train or from fulfilling a condition among the conditions for obtaining such a licence, subject to conditions that the Minister shall prescribe; the Minister may also prescribe cases or circumstances in which the Director may exempt a person from the obligation to obtain a licence or from fulfilling a condition among the conditions as aforesaid, subject to conditions that the Director shall prescribe.

Conditions and Restrictions in a Licence to Drive a Local Train§
46u.

The Director may prescribe in a licence to drive a local train conditions and restrictions that shall apply to the holder of the licence during the period of validity of the licence, in whole or in part, including conditions as set out below:

(1)the model of the local train that the licence holder is permitted to drive;
(2)the type of licence to be granted to the licence holder;
(3)the routes of a local train on which the licence holder is permitted to drive;
(4)the assistive devices that the licence holder must use when driving.
Restriction of a Licence to Drive a Local Train, its Suspension, Disqualification or Refusal to Renew it§
46v.
(a)The Director may, by a reasoned decision in writing and subject to the provisions of subsection (e), restrict a licence to drive a local train, suspend it for a period not exceeding three months or until conditions prescribed by the Director are fulfilled, disqualify the licence holder from holding the licence or refuse to renew it, upon the occurrence of one of the following, after having given the licence holder an opportunity to state arguments in that regard:
(1)the licence was granted on the basis of false information;
(2)the licence was granted on the basis of incorrect information and there is reasonable ground to assume that had it been known to the Director the licence would not have been granted;
(3)a condition among the conditions for the grant or renewal of the licence under section 46s has ceased to be fulfilled in respect of the licence holder;
(4)the licence holder has breached a condition or restriction in the licence or a provision among the provisions applicable to the licence holder under this Section;
(5)the licence holder was involved in an accident or in an accident with casualties, as defined in section 46ac;
(6)the Director is satisfied that circumstances exist indicating that the manner of driving a local train by the licence holder constitutes a danger to traffic safety, in accordance with provisions prescribed by the Minister.
(b)A person whose licence has been disqualified by the Director under this section shall not submit an application for a new licence until one year has elapsed from the date of disqualification.
(c)Where a person has been disqualified by a police officer under the provisions of the Traffic Ordinance [New Version] from holding a driving licence for a vehicle, for a period, the Director may suspend the licence to drive a local train of that person during the period of validity of the disqualification from holding a driving licence for a vehicle, in whole or in part, unless circumstances connected to the offence that led to the disqualification under the Traffic Ordinance [New Version] arose that do not justify suspension under this subsection.
(d)Where a person has been disqualified by the Licensing Authority under the Traffic Ordinance [New Version] from holding a driving licence, permanently, for a specified period or until conditions prescribed in the decision are fulfilled, the Director may suspend the licence to drive a local train of that person for a period or until conditions that the Director shall prescribe are fulfilled, or disqualify that person from holding a licence to drive a local train, in accordance with the conditions and period prescribed in the decision of the Licensing Authority as aforesaid, unless circumstances arose that do not justify disqualification or suspension under this subsection.
(e)The Director shall not disqualify a licence to drive a local train and shall not suspend it, under the provisions of subsection (a)(3) or (4), unless the Director has first required the licence holder to fulfil the condition or the provision that has ceased to be fulfilled or that has been breached as referred to in that subsection, within a period that the Director shall prescribe, and the licence holder has not done so; the provisions of this subsection shall not apply if it is not possible to fulfil the condition or the provision that has ceased to be fulfilled or that has been breached.
(f)The Director's decision under this section shall be delivered to the licence holder and also to the holder of the operating permit or to that holder's representative by whom the licence holder is employed.
Surrender of a Licence to Drive a Local Train that has been Restricted, Suspended or Disqualified§
46w.
(a)The holder of a licence to drive a local train to whom the Director's decision under section 46v on the restriction, suspension or disqualification from holding the licence has been delivered shall surrender to the Director the licence that has been restricted, suspended or disqualified as aforesaid, within the period specified in the decision, and the following provisions shall apply, as the case may be:
(1)in respect of a decision to restrict the licence – the Director shall return the licence to its holder after the restriction prescribed in the decision has been recorded;
(2)in respect of a decision to disqualify from holding the licence or to suspend it – the licence shall not be returned to its holder until after the expiry of the period prescribed in the decision and subject to conditions prescribed by the Director.
(b)
(1)Notwithstanding the provisions of subsection (a), the licence holder referred to in that subsection who did not at that time have the licence in their possession shall surrender in its place one of the following, as the case may be:
(a)a declaration under the Evidence Ordinance [New Version], 5731-1971, proving that the licence was lost or stolen;
(b)a confirmation from another party that the licence was surrendered to that party under any law;
(2)If the licence holder finds the licence that was lost or stolen, the licence holder shall deliver it without delay to the Director.
Periods of Restriction, Suspension or Disqualification of a Licence to Drive a Local Train§
46x.
(a)A restriction, suspension or disqualification of a licence to drive a local train in accordance with the provisions of section 46v shall commence on the date of delivery of the decision to the licence holder.
(b)In calculating the period of disqualification of a licence to drive a local train in accordance with the provisions of section 46v, the period that elapsed until the surrender of the licence or its substitute to the Director in accordance with the provisions of section 46w shall not be counted.
Disqualification of a Licence to Drive a Local Train by a Court, by reason of Disqualification of a Driving Licence for a Vehicle§
46y.

Where a person has been disqualified by a court under the provisions of the Traffic Ordinance [New Version] from holding a driving licence, the court may also disqualify that person from holding a licence to drive a local train, for the period of validity of the disqualification from holding the driving licence for a vehicle, in whole or in part.

Requiring a Holder of a Licence to Drive a Local Train to Undergo Instruction§
46z.

Without derogating from the provisions under section 57(a)(14), the Director may, by written instruction, require a holder of a licence to drive a local train to undergo instruction as the Director shall direct, if satisfied that this is necessary for safety reasons.

Transfer of Information to the Israel Police and to the Licensing Authority, in respect of Licences to Drive a Local Train§
46aa.

For the purpose of exercising the powers of the Israel Police and of the Director under this Ordinance and for the purpose of exercising the powers of the Israel Police and of the Licensing Authority under the Traffic Ordinance [New Version], the Director shall notify the Israel Police and the Licensing Authority of all of the following:

(1)a person who has been granted a licence to drive a local train or whose such licence has been renewed, under the provisions of this Section, and the period of validity of that licence;
(2)a holder of a licence to drive a local train whose licence the Director has decided to disqualify, to suspend or not to renew under the provisions of section 46v, or in whose licence the Director has decided to change conditions or restrictions under the provisions of section 46u, and the period of validity of that decision, as well as a decision as aforesaid that has been cancelled or varied by a court.
Delegation of the Director's Powers§
46ab.
(a)The Director may delegate to an employee of the Ministry of Transport and Road Safety who has appropriate experience and expertise, the Director's powers under this Section, in whole or in part, in respect of the entire area of the State or part thereof.
(b)Notice of the delegation of powers under subsection (a) shall be published in Reshumot (Official Gazette).

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Section I: Safety Incident

Definitions – Section I of Chapter IV-A§
46ac.

In this Section –

"safety incident" – an accident, an accident with casualties or an incident, including a serious incident;

"serious safety incident" – an accident, an accident with casualties or a serious incident;

"safety incident with casualties" – an accident with casualties, as well as an incident or a serious incident in which a person was killed or injured;

"accident" – an event connected with the operation of a local railway in which serious damage to property was caused;

"accident with casualties" – an event connected with the operation of a local railway in which a person was killed or seriously injured;

"incident" – an event connected with the operation of a local railway that affected or could have affected the safety of the operation of the local railway;

"serious incident" – an incident whose circumstances indicate that a consequence referred to in the definition of "accident" or in the definition of "accident with casualties" nearly occurred.

Obligation to Submit Notices and Reports in respect of Safety Incidents§
46ad.
(a)Where a serious safety incident has occurred, the holder of the operating permit shall submit to the Director, in respect of the local railway on which the incident occurred, notices and reports as set out below:
(1)an oral notice of the serious safety incident – as soon as possible after it occurred;
(2)a report on the serious safety incident, in writing or in another manner prescribed by the Minister, in which the location of the incident, the time of the incident and its particulars shall be stated – within 48 hours of the date of the incident;
(3)a detailed written report following an examination of the serious safety incident, in which, in addition to the particulars referred to in paragraph (2), the results of the incident, the presumed causes of its occurrence and its results, and the measures taken to prevent the recurrence of that incident shall also be stated – within 30 days of the date of the incident.
(b)The holder of an operating permit shall submit to the Director, on the last day of each month, a detailed written report on the incidents that occurred on the local railway in respect of which the permit was granted to that holder, in respect of the month preceding that month, stating, in respect of each of the incidents, particulars as referred to in subsection (a)(2) and (3).
(c)The holder of an operating permit shall submit to the Director, by 31 January of each year, an annual report detailing all the safety incidents that occurred in the preceding year on the local railway in respect of which the permit was granted to that holder, following an examination of those incidents, stating, inter alia, the conclusions drawn from the safety incidents as aforesaid and the measures taken to prevent their recurrence.
(d)The Director may, at the request of the holder of an operating permit, extend the time limits for the submission of notices and reports under this section, if satisfied that circumstances justifying this have arisen.
Inquiry in respect of Safety Incidents§
46ae.
(a)The Director may, personally or through inspectors who have been authorised under Section J in Chapter IV-A and who act in accordance with the Director's instructions, conduct an inquiry in respect of safety incidents that have occurred, whether a report in respect thereof was received under section 46ad or whether the Director became aware of them in another manner (in this Section – inquiry).
(b)After a draft inquiry report has been formulated and before it is submitted as referred to in subsection (c), the Director shall deliver to the holder of the operating permit to whom the inquiry relates the draft as aforesaid, excluding the part containing the Director's conclusions and recommendations, provided that information that could harm state security or that could disrupt or harm criminal investigation proceedings shall not be transferred; the Director shall notify the permit holder to whom the draft has been delivered of that holder's right to submit a response in the manner and within the period that the Director shall direct.
(c)After the procedure under subsection (b) has been carried out and the draft inquiry report has been amended to the extent the Director saw fit, the Director shall submit to the Minister a report in respect of every inquiry conducted in connection with a serious safety incident; such a report shall include the findings of the inquiry and the conclusions drawn, as well as recommendations for the prevention of the recurrence of such incidents.
(d)The Director shall make the inquiry report conducted in respect of an accident or an accident with casualties available for public inspection, including on the website of the Ministry of Transport and Road Safety, provided that the report shall not include the following particulars:
(1)particulars that could harm state security;
(2)particulars that could disrupt or harm criminal investigation proceedings;
(3)the names of those involved in the accident or the accident with casualties;
(4)particulars identifying those involved in the accident or the accident with casualties that are not particulars referred to in paragraph (1), and particulars constituting an infringement of privacy within the meaning of the Privacy Protection Law, 5741-1981, except for a particular whose inclusion is essential for the purpose of analysing the accident or the accident with casualties or drawing conclusions in respect thereof.
(e)The Director shall submit to the holder of an operating permit a report in respect of every inquiry conducted in connection with a safety incident that occurred on the local railway in respect of which the permit was granted to that holder; such a report shall include the findings of the inquiry and the conclusions drawn, as well as recommendations for the prevention of the recurrence of such incidents, excluding the particulars enumerated in paragraphs (1) to (4) of subsection (d), subject to the conditions in those paragraphs.
(f)The Director shall instruct the holder of an operating permit as to actions that the holder must carry out or refrain from carrying out in accordance with the conclusions and recommendations detailed in a report as referred to in this section, to the extent required.
Powers of the Director for the Purpose of Conducting an Inquiry§
46af.

For the purpose of conducting an inquiry –

(1)the Director shall have the powers enumerated in section 46ap, provided that the Director has met the eligibility conditions for the appointment of an inspector prescribed in section 46ao, with the necessary modifications, and has identified themselves prior to exercising those powers;
(2)the Director may take measures to preserve the site at which a safety incident occurred, to preserve the local train travelling on the local railway on which a safety incident occurred, or any part thereof, or to preserve any item that may serve as evidence of the circumstances of the occurrence of the incident, and the Director may also instruct the holder of an operating permit to take such measures.
Restriction of Access to a Local Railway§
46ag.
(a)Where a serious safety incident has occurred, no person shall access a local railway on which or in connection with which the incident occurred, shall bring about a change in the condition of that railway or shall touch any object that may serve as evidence in an inquiry, unless the Director has permitted this and in accordance with the conditions as directed, except where the Israel Police has directed otherwise, or for the purpose of saving lives or treating casualties.
(b)Notwithstanding the provisions of subsection (a), where a safety incident with casualties has occurred, no person shall perform any of the actions referred to in that subsection, other than actions for the purpose of saving lives or treating casualties, unless the Israel Police has permitted this and in accordance with the conditions as directed.
(c)Where a serious safety incident has occurred, the Director may, for the purpose of conducting an inquiry, order a prohibition on the operation of the local train travelling on the local railway on which the incident occurred, for a period and subject to conditions as the Director shall direct.
Prevention of Disruption of or Harm to a Criminal Investigation§
46ah.
(a)Where a safety incident with casualties has occurred, the Director shall not exercise the Director's powers under this Section unless the Director has received the approval of the Israel Police for this and in accordance with the conditions of the approval.
(b)Where a safety incident that is not a safety incident with casualties has occurred, the Israel Police may instruct the Director not to exercise the Director's powers under this Section if the exercise of such a power could disrupt or harm criminal investigation proceedings.
(c)The Israel Police may guide the Director as to the exercise of the Director's powers under this Section, including as to the conduct of an inquiry, in a manner that will prevent the disruption of or harm to criminal investigation proceedings.
Minimisation of Harm to Traffic§
46ai.

The Director shall exercise the Director's powers under this Section with regard to the need to minimise, as far as possible, harm to the orderly passage and to traffic on the road as well as to the orderly operation of a local railway.

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