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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

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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.

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Section J: Tachograph

Definitions – Section J of Chapter IV-A§
46aj.

In this Section –

"tachograph" – a device installed on a local train and intended to record data including, inter alia, the times of travel and stopping of the local train, its speed of travel and its distance of travel;

"memory card" – a card bearing a computer chip, intended for the storage of data recorded in a tachograph.

Admissibility of Evidence Stored in a Tachograph§
46ak.
(a)Data recorded and stored on a memory card in accordance with the provisions under subsection (b), and which have been produced as output as defined in the Computers Law, 5755-1995 (in this Chapter – output), shall be admissible evidence in any legal proceeding with respect to the times of travel and stopping of the local train, its speed of travel and its distance of travel, provided that all of the following have been proved:
(1)the record on the memory card submitted to the court by means of the output is the record made in the tachograph at the time of the commission of the offence;
(2)the manner of producing the output is such as to attest that it is identical in content to the computer material from which it was produced;
(3)from the moment the memory card was removed from the tachograph until the output submitted to the court was produced, no act was performed on it that is capable of altering any of the particulars stored on the memory card.
(b)The Minister shall prescribe provisions with respect to the obligation to install a tachograph on a local train and with respect to the type of tachograph to be installed as aforesaid and its characteristics, the manner of its operation, maintenance and ensuring its proper functioning, and the manner of recording data in it and producing them.
(c)The Minister of Justice shall prescribe provisions with respect to the manner of holding, storing and handling a memory card and output produced from it, and the manner of their submission to the court.
Prohibition on Altering or Removing Data Stored on a Memory Card§
46al.

The holder of an operating permit or a person on the holder's behalf, an operations manager and a person driving a local train shall not alter or remove data stored on a memory card; the Minister may prescribe cases in which the transfer of information from a memory card shall not be regarded as an alteration or removal of data stored on it.

46am.§
(a)A police officer may require the holder of an operating permit or a person on the holder's behalf who has been authorised to do so, to deliver to the officer the memory card, at the beginning or end of the route of travel of the local train or in the area designated for the operation and maintenance of a local train, for which an appropriate traffic sign has been posted in accordance with the Traffic Ordinance [New Version].
(b)Where one of the conditions set out in paragraphs (1) to (3) below is fulfilled, a police officer may require the holder of an operating permit or a person on the holder's behalf who has been authorised to do so, to deliver to the officer, immediately, the memory card:
(1)an accident or safety incident with casualties as defined in section 46ac has occurred;
(2)the police officer has formed a suspicion of the commission of an offence connected with traffic on the road;
(3)it is required for the purpose of maintaining public safety in traffic on the road.
(c)If the holder of an operating permit or a person on the holder's behalf who has been authorised to do so has refused to deliver a memory card to a police officer upon the officer's demand, the police officer may, after having received approval to do so from a police officer of the rank of superintendent and above who has been authorised to do so by the head of the traffic division of the Israel Police, remove the memory card from the tachograph, provided that the officer takes the reasonable precautions necessary to protect the information stored on it, including in accordance with the provisions under section 46ak(c).
(d)Where data have been transferred from a memory card to a computerised system in accordance with the provisions under section 46al, the powers vested in a police officer and in a police officer with respect to a memory card under subsections (a) to (c) shall also be vested in them with respect to the data transferred to the computerised system as aforesaid, with the necessary modifications.
(e)The provisions of section 23a of the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969, shall not apply with respect to the delivery or removal under this section of a memory card and of data from a memory card transferred to a computerised system in accordance with the provisions under section 46al, and with respect to the production of output from them.

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Section K: Supervisory Powers

Supervision§
46an.
(a)The Director shall supervise the implementation of the provisions under this Chapter, including the activities of the holder of an operating permit and of an operations manager.
(b)The Director may summon, at any time, the holder of an operating permit or an operations manager to appear before the Director for the purpose of clarifying any matter under this Ordinance as the Director shall specify in the summons; the summoning of the holder of an operating permit or an operations manager as aforesaid shall be effected by prior written notice, unless exceptional circumstances preventing this have arisen.
Authorisation of Inspectors§
46ao.
(a)The Minister may authorise, from among the employees of the Minister's office, inspectors who shall act in accordance with the Director's instructions, for the purpose of supervising the implementation of the provisions under this Chapter, in whole or in part, provided that an inspector shall not be authorised under this section unless all of the following conditions are met with respect to the inspector:
(1)the Israel Police has notified, no later than three months from the date of the Minister's approach to it and receipt of the employee's particulars, that it does not object to the inspector's authorisation on grounds of public safety, including on account of the inspector's criminal record;
(2)the inspector has received appropriate training in the area of the powers that will be vested in the inspector under this Ordinance, as the Minister has directed, with the consent of the Minister for Internal Security;
(3)the inspector meets additional eligibility conditions as the Minister has directed, with the consent of the Minister for Internal Security.
(b)Notice of the authorisation of an inspector under this section shall be published in Reshumot (Official Gazette).
Supervisory Powers§
46ap.
(a)For the purpose of supervising the implementation of the provisions under this Chapter, the Director, after having met the conditions listed in section 46ao and after having identified himself or herself, and an inspector authorised in accordance with the provisions of that section, may –
(1)require any person to provide the Director or inspector with that person's name and address and to present an identity card or other official document identifying that person;
(2)require any person concerned to provide any information or document that is capable of ensuring the implementation of the provisions under this Chapter or of facilitating their implementation; in this paragraph, "document" – including output;
(3)carry out examinations or measurements and also take samples for the purpose of examination, and direct that the samples be delivered for laboratory examination or for examination by another body as directed by the Director, or that they be kept for a period as directed, or that they be dealt with in another manner;
(4)enter any place, including a local railway and any other means of transport used by the holder of an operating permit, provided that no entry shall be made into a place used as a dwelling except pursuant to an Order of a court;
(5)require the holder of an operating permit, or a person on the holder's behalf, who holds a licence to drive a local train or holds other appropriate training, to operate the local train or to drive it, as the case may be.
(b)The exercise of powers under subsection (a)(3) to (5) shall be carried out 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 operation of the local railway.
Identification of an Inspector§
46aq.

An inspector shall not make use of the powers vested in the inspector under this Section except while performing the inspector's duties and when both of the following conditions are met:

(1)the inspector is visibly wearing a badge identifying the inspector and the inspector's position;
(2)the inspector holds an inspector's certificate signed by the Director, attesting to the inspector's position and powers, which the inspector shall present upon request.

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Section L: Penalties

Penalties§
46ar.

The provisions of this Section shall apply with respect to a local railway, in addition to the provisions of Chapter IV as applied in section 46b.

Offences in Connection with a Local Railway§
46as.
(a)A person who operates, by himself or herself or through another, a local railway without the person or the person through whom the local railway is operated holding an operating permit in respect of that railway, or in contravention of the conditions or restrictions prescribed in the operating permit, in contravention of the provisions of section 46d, is liable to imprisonment for three years or a fine at twice the rate of the fine prescribed in section 61(a)(4) of the Penal Law, 5737-1977.
(b)A person who drives a local train without holding a valid licence to drive a local train, or in contravention of a condition or restriction prescribed in such a licence or a provision of the provisions under Section H, in contravention of the provisions of section 46q, is liable to imprisonment for three years.
(c)The following are liable to imprisonment for two years:
(1)the holder of an operating permit or a person on the holder's behalf, an operations manager or a person driving a local train, who altered or removed data stored on a memory card, in contravention of the provisions of section 46al;
(2)the holder of an operating permit or a person on the holder's behalf, who failed to deliver a memory card to a police officer upon the officer's demand, in contravention of the provisions of section 46am(a) or (b).
(d)A person who acts as an operations manager without holding an operations manager's licence under Section G, in contravention of the provisions of section 46l(b), is liable to imprisonment for one year.
(e)An operations manager who acts in contravention of a condition or restriction prescribed in the operations manager's licence or in contravention of provisions under section 57(a)(12), is liable to imprisonment for six months.
Liability of an Office Holder in a Corporation§
46at.
(a)An office holder in a corporation is obliged to supervise and to do everything possible to prevent an offence under section 46as from being committed by the corporation or by any of its employees; a person who contravenes this provision is liable to a fine as referred to in section 61(a)(4) of the Penal Law, 5737-1977.
(b)Where an offence under section 46as has been committed by a corporation or by any of its employees, it shall be presumed that an office holder in the corporation has contravened the office holder's duty under subsection (a), unless the office holder has proved that the office holder did everything possible to fulfil the office holder's duty.
(c)In this section, "office holder" – an active manager in a corporation, a partner other than a limited partner, or another person holding a position in the corporation who is responsible on behalf of the corporation for the area in which the offence was committed.

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Section M: Railway Officer on a Local Train

Power of a Railway Officer to Require Particulars from a Passenger§
46au.

Where a railway officer has reasonable grounds to suspect that a passenger on a local train has committed before the officer an offence under this Ordinance, the officer may require that passenger to identify himself or herself by providing the officer with the passenger's name and address and to present an identity card or other official document attesting to the passenger's identity, and to record the passenger's particulars.

Identification of a Railway Officer§
46av.

A railway officer shall not exercise the officer's powers unless the officer is wearing a uniform identifying the officer's position, in a colour and form that could not mislead as appearing to be a police uniform, is visibly wearing a badge identifying the officer and the officer's position, and has also presented a railway officer's certificate signed by the holder of the operating permit of the local railway, identifying the officer and the officer's position.

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Chapter V: Miscellaneous

Conditions for the Operation of a Private Railway§

47.

No person shall construct, operate or maintain a railway from private funds unless the person has first deposited a plan therefor with the Director of the Ministry of Transport.

Operation of a Railway that is Not a Local Railway§

48.

The Minister may, with the approval of the Government, authorise, subject to conditions to be prescribed generally or for a particular matter, the construction, operation and management of a railway that is not a local railway as defined in section 46.

Revocation of Authorisation to Operate a Line and its Operation by Another§

48a.
(a)Where the Minister has found that a railway is not being operated to the Minister's satisfaction, or after having determined that considerations of transport policy require it, the Minister may, with the approval of the Government, direct by Order that a railway or a part thereof shall be managed or operated by a person specified in the Order and in accordance with what is stated in it.
(b)An Order as aforesaid –
(1)shall be issued after an opportunity has been given to interested parties to state their arguments;
(2)may expropriate any existing right under this Law.
(c)Where a right has been expropriated as aforesaid, the person from whom it was expropriated shall be entitled to compensation for the loss of the right in the manner and subject to the conditions that the Minister shall prescribe in Regulations.
49.§

(Repealed — תיקון מס' 1, 1988)

Limitation§

50.

Every action and prosecution that may be brought under this Ordinance against a person for an act, omission or attempt – other than a prosecution under sections 27 to 35 – shall be brought within one year after the event that is the subject of the complaint.

Service of Documents§

51.

Any application, statement of claim, notice or other document that is required or permitted to be served on the State under this Ordinance may be served by delivery at the principal office of the Director or by sending it to the Director by registered post.

52.§

(Repealed — תיקון מס' 9, 2017)

53.§

(Repealed — תיקון מס' 9, 2017)

Duty to Provide Information on Rail Transport Service§

53a.

The provisions of sections 71b to 71g of the Traffic Ordinance [New Version] shall apply to an operator of a national railway and to the holder of a permit to operate a local railway granted under Section B of Chapter IV-A, subject to the conditions and modifications prescribed by the Minister with the approval of the Economics Committee of the Knesset.

54.§

(Repealed — תיקון מס' 6, 2011)

Preservation of criminal liability§

55.

A person's liability under this Ordinance shall not derogate from that person's criminal liability for the act under any provision of the criminal law, provided that a person shall not be punished twice for the same offence.

56.§

(Repealed — תיקון מס' 6, 2011)

Implementation and regulations§

57.
(a)The Minister is responsible for implementing the provisions of this Ordinance and may make Regulations on any matter relating to its implementation, including on the following matters:
(1)conditions of travel, including conditions of liability for injury to passengers;
(1a)circumstances in which a duty of compensation shall apply in respect of delay in the arrival of a national train, and circumstances in which an operator of a national railway shall be exempt from compensation as aforesaid; Regulations under this paragraph shall be made after consultation with the Minister of Finance;
(2)classification and conditions for the carriage of goods, parcels, livestock or any other object carried on a railway, including liability for their loss, damage or misdelivery, and the determination of objects or materials to be regarded as dangerous;
(3)conditions for the storage and safekeeping of goods, parcels or livestock and for other services;
(4)arrangements for the issue of tickets and multi-journey tickets for travel on a railway, their types, printing, sale and all matters connected therewith, including joint use of tickets and multi-journey tickets for travel on a railway with holders of licences for public transport service lines under the Traffic Ordinance [New Version], and the methods of accounting between them in respect of such use;
(5)regulation of the management, operation and use of the railway, including in respect of the impact on the environment and the reduction or prevention of such impact, except in respect of non-ionising radiation; Regulations in respect of impact on the environment or the reduction or prevention thereof as aforesaid shall be made with the consent of the Minister for Environmental Protection;
(6)definition of the powers of the Director;
(7)maintenance of safety on the railway;
(7a)provisions in respect of the manner of submission of an operating plan under section 23b (in this section – operating plan), the matters to be included in such a plan, the manner of implementation of the plan by means of an office holder and a holder of a licence to drive a national train as defined in section 23a, and also the methods for amending the operating plan;
(7b)circumstances in which the Director may direct the submission of an amended operating plan and the restriction of the activity of an operator of a national railway in certain matters or for a certain period;
(7c)provisions in respect of the submission of an application for the grant and renewal of a licence to drive a national train, including the times for its submission, the particulars it shall include and the documents to be attached to it;
(7d)provisions in respect of particulars to be included in a licence to drive a national train and the period of validity of such a licence, and the Minister may prescribe different periods of validity for different types of licences;
(7e)fees for an application for the grant or renewal of a licence to drive a national train, and also for examinations, tests, training courses or refresher courses in respect of holders of such a licence and in respect of office holders, including a late-payment surcharge for non-payment on time;
(7f)provisions in respect of the carrying out of periodic medical examinations for a railway office holder and for a holder of a licence to drive a national train as defined in section 23a;
(7g)provisions in respect of the submission of an application for the grant of a licence to operate a training school as defined in section 23i, including the times for its submission, the particulars to be included in it and the documents to be attached to it;
(7h)provisions in respect of particulars to be included in a licence to operate a training school as defined in section 23i;
(7i)provisions in respect of training and examinations under Chapter III-A, including the content and types of examinations, the body on whose behalf the examinations shall be conducted, the body that shall supervise their conduct and the manner of supervision;
(7j)provisions in respect of the duty of an operator and of a holder of a licence to operate a training school as defined in section 23i to report to the Director on the implementation or breach of the provisions under this Ordinance by office holders on their behalf, and the methods of such reporting;
(7k)for the purposes of sections 23d(c) and 23g(a)(2) – a list of offences to be regarded as offences which, by reason of their nature, gravity or circumstances, render a person unfit, by reason of a safety risk, to hold a licence to drive a national train or to fulfil a railway position, and also criteria according to which the Director shall decide whether an offence that has been committed is an offence which, by reason of its nature, gravity or circumstances, renders a person unfit to hold such a licence or to fulfil such a position;
(8)methods of service of notices under this Ordinance;
(9)ensuring the preservation of State property on the railway;
(10)provisions in respect of an application for the grant or renewal of an operating permit, an operations manager licence and a licence to drive a local train, under Sections V, VII and VIII of Chapter IV-A, including the times for its submission, the particulars it shall include and the documents to be attached to it;
(11)provisions in respect of the examinations required for the purpose of certifying an operations manager, including refresher courses in which a holder of an operations manager licence must participate in order to ensure continuing competence;
(12)provisions in respect of the manner of activity and duties of an operations manager;
(13)provisions in respect of particulars to be included in a licence to drive a local train and the period of validity of such a licence, and the Minister may prescribe different periods of validity according to the type of licence;
(14)provisions in respect of training for driving a local train, including refresher courses in which a holder of a licence to drive a local train must participate in order to ensure continuing competence, and also conditions required of instructors for teaching driving of a local train and of examiners in examinations for the purpose of obtaining a licence to drive a local train, and the Minister may prescribe that the holder of a permit to operate a local railway as defined in section 46 shall conduct such training for its employees, subject to provisions and conditions as it shall prescribe;
(15)fees for applications for the grant or renewal of an operating permit, an operations manager licence and a licence to drive a local train, under Sections V, VI and VIII of Chapter IV-A, and also for examinations, tests, training courses or refresher courses in respect of holders of such licences, including a late-payment surcharge for non-payment on time;
(16)provisions in respect of the hearing of arguments in proceedings for the restriction of permits and licences under this Ordinance, their suspension, cancellation or refusal to renew them;
(17)provisions in respect of the manner of transfer of information under section 46aa, including the times for transferring the information and conditions for its transfer.
(b)Regulations under subsection (a), on matters or under the paragraphs as set out below, shall be made with the approval of the Economics Committee of the Knesset:
(1)paragraphs (1a), (4), (7e), (7k) and (15);
(2)provisions in respect of impact on the environment or the reduction or prevention thereof as referred to in paragraph (5);
(3)the matters to be included in an operating plan.

Amendment of the Schedule§

57a.

The Minister, after consultation with the Minister of Labour, Social Affairs and Social Services and with the approval of the Economics Committee of the Knesset, may amend the Schedule by Order.

Savings provisions§

58.

Nothing in the provisions of this Ordinance shall derogate from the provisions of any law, including the powers vested in the National Traffic Inspector, the Central Traffic Signage Authority and the Local Traffic Signage Authority in respect of a local railway, under the provisions of the Traffic Ordinance [New Version].

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