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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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Chapter VI: Holder of a Concession to Operate a Local Railway – Application and Transitional Provisions

Definitions – Chapter VI§

59.

In this Chapter –

"existing concession holder" – a person who, on the eve of the commencement day, held a concession to operate a local railway under section 46a(a);

"the amending law" – the Railways Ordinance Amendment Law (No. 6), 5771-2011;

"commencement day" – the day on which the amending law comes into force.

Existing concession holder – application and transitional provisions§

60.

The provisions under this Ordinance as worded in the amending law shall apply to an existing concession holder, subject to the following provisions:

(1)the exercise of the powers of the Minister or the Director under this Ordinance as worded in the amending law, in respect of an existing concession holder, shall be carried out having regard to the provisions and conditions of the concession, unless the Minister or the Director considers that the public interest requires otherwise in their opinion;
(2)nothing in the provisions of this Ordinance as worded in the amending law shall derogate from the remedies available to an existing concession holder or to the State, under the concession and under the provisions of any law;
(3)notwithstanding the provisions of section 46e(a), the period of validity of an operating permit granted to an existing concession holder shall be the same as the period of validity of the concession; nothing in the provisions of this paragraph shall derogate from the powers of the Director in respect of breach of a condition of that operating permit;
(4)notwithstanding the provisions of Sections V and VI of Chapter IV-A, at the time of granting the first operating permit to an existing concession holder –
(a)the Director shall not direct the concession holder to carry out preliminary operations for the purpose of operating the local railway, as referred to in section 46g(1), that were not required of the concession holder under the concession;
(b)the Director shall not require the concession holder to submit an operating plan as referred to in section 46g(2) that includes matters that were not required of the concession holder under the concession;
(c)the Director shall not prescribe in that permit conditions and restrictions under section 46h that exceed the conditions and restrictions prescribed in the concession;
(5)the Director's approval under section 46f(a) in respect of a charge (security interest), and the Director's approval under section 46f(b), shall be given having regard to the provisions and conditions of the concession and the agreements approved by the State with the financing parties under the concession, including charges (security interests) included in those agreements, and after consultation with the person designated in the concession to accompany, on behalf of the State, the implementation of the conditions of the concession;
(6)notwithstanding the provisions of section 46(4), an existing concession holder shall be exempt from meeting the condition under that section for a period of six months from the commencement day; if, at the end of that period, the Director finds that the condition is met by a person who, on the eve of the commencement day, was a controlling shareholder as referred to in that section, the Director shall direct the permit holder to remedy the breach within a period not exceeding six months.

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Schedule (section 23g)

Education required of a railway office holder

Table
Column A – Railway positionColumn B – Required education
1. SignallerMatriculation certificate, certified technician certificate, practical engineer certificate or first degree;
2. Railway track inspectorPractical engineer certificate or an engineer registered in the Register of Engineers and Architects as defined in the Engineers and Architects Law, 5718-1958 (in this Schedule – the Register), in the civil engineering branch or the mechanical engineering branch;
3. Passenger train controllerCompletion of 12 years of study, matriculation certificate, certified technician certificate, practical engineer certificate or first degree;
4. Railway compound controllerAn engineer registered in the Register in one of the following branches: mechanical engineering branch, electrical engineering branch, civil engineering branch, chemistry branch, aeronautics branch, materials engineering branch, science engineering branch or special occupations engineering branch in one of the following sections: rail transport, railway maintenance, fire safety or safety;
5. Train dispatcherCompletion of 12 years of study

[Translation pending]

Table
3. Passenger train controllerCompletion of 12 years of study, matriculation certificate, certified technician certificate, practical engineer certificate or first degree;

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