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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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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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Chapter IV: Penalties

Railway Officer who is Intoxicated or Negligent§

27.
(a)A railway officer who was in a state of intoxication while serving in their function, or who refused to perform their function or abandoned it, or performed it improperly, is liable – to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.
(b)If, by reason of the nature of the function, the refusal, abandonment or improper performance endangered the safety of a passenger or of another person lawfully present on the line, the railway officer is liable – to two years' imprisonment.

Safety Risk§

28.

A person who, negligently and without lawful justification, performs an act that may endanger his own safety or the safety of a passenger or of another person present on the line, is liable to imprisonment for six months.

Throwing of Objects§

29.
(a)A person who wilfully throws or drops a stone or other object at a train or at another rail vehicle, in a manner likely to endanger the safety of a person, is liable – to three years' imprisonment; where the act caused bodily harm to a person in the train or in such a vehicle, the person is liable – to five years' imprisonment.
(b)A person who wilfully throws or drops from a train or another rail vehicle an object capable of injuring a person, is liable to fifteen days' imprisonment.

Causing an Accident through Negligence§

30.

A person who causes an accident to a train or to another rail vehicle by an unlawful act, by breach of Regulations made under this Ordinance, by lack of skill or by negligence, and the accident is capable of endangering the safety of a passenger or of another person, is liable – to one year's imprisonment.

Obstruction of the Railway Track§

31.

A person who, without authority, does any of the following, is liable – to one year's imprisonment:

(1)places or throws on a line or across it wood, a stone or any other material or object;
(2)lifts, removes, loosens or uproots a rail, sleeper or any other material or object belonging to a line;
(3)turns, moves, opens or deflects a switch or any other machine belonging to a line;
(4)operates, displays, conceals, removes or diverts a signalling device or light on or near a line;
(5)does to a line any other thing that obstructs or impedes its operation or endangers the safety of a passenger or of any person present on the line, causes such a thing to be done or attempts to do it.

Damage to Railway Property§

32.
(a)A person who does any of the following, is liable – to three years' imprisonment:
(1)wilfully or negligently destroys a part of the line's premises or a carriage, locomotive or other object therein or any other material or object belonging to the line, or renders them unserviceable or causes harm to them;
(2)removes sand, stone, earth or any other material from an embankment, bridge, culvert, retaining wall or the line's track, or from real property in the vicinity of a line, in a manner likely to endanger the stability of the line's track;
(3)fells trees in a manner likely to endanger the safety of trains or of a person in or on a train, or to cause damage to the line's track.
(b)A person who does any of the following on a line, is liable – to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977:
(1)ties wire or erects a wire fence;
(2)breaks or destroys a fence or hedge;
(3)does an act that damages or is likely to damage a fence or hedge.
(c)A person who wilfully diverts a stream or drainage channel, or otherwise causes water to flow onto a line or to damage it in another manner, is liable – to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.

Negligence of a Supplier§

33.

The following are liable – to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977:

(1)a person who had a contract to supply a line with bricks, timber, fuel or similar material, or who worked in connection therewith, and who negligently placed or stacked such material in an unsafe or careless manner;
(2)a person who loads or unloads at a line goods, parcels or livestock in an unsafe or careless manner likely to endanger the safety of a train or of a person therein; in this paragraph, parcels – excluding personal luggage.

Earthwork within a Railway Area§

34.

A person who ploughs, sows, plants or cultivates real property within a railway area, or otherwise tills it, without the consent of the Director, is liable – to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.

Crossing a Line through a Gate§

35.
(a)Where the Director has erected a gate at the side of a line for the use or convenience of a person, and that person or another person opened the gate, or crossed or attempted to cross the line, or drove or attempted to drive a cart, cattle, another animal or any other thing across the line, at a time when a train was within sight or hearing, that person is liable – to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.
(b)A person who did not immediately close and fasten the gate referred to in subsection (a) after that person or a cart, cattle, another animal or any other thing under that person's control had passed through it, is liable – to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.

Non-Payment of Fare or Increased Charge§

36.
(a)A person who does any of the following, is liable – to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977:
(1)travelled on a train without having paid the fare in advance;
(2)did not pay the increased charge under the provisions of section 17.
(b)Notwithstanding the provisions of subsection (a), in the absence of special reasons to be recorded by the prosecutor, an indictment shall not be filed in respect of an offence under subsection (a) where one of the following applies:
(1)the passenger paid the increased charge under the provisions of section 17 or the time for its payment has not yet elapsed;
(2)the demand for payment served on the person liable for payment has been submitted for execution to the Execution Office under the provisions of section 17.

Various Offences§

37.

A person who does any of the following is liable to imprisonment of one month:

(1)is found on a railway while in a state of intoxication, or uses obscene language or offensive expressions, or causes a nuisance, or commits any indecent act, or otherwise wilfully and without lawful excuse disturbs the comfort of a passenger on a railway;
(2)being a passenger, insists on and enters a carriage or compartment reserved for others, or a carriage or compartment that contains the full number of persons permitted to be carried therein and a person present therein objects to that person's entry;
(3)enters without lawful excuse a carriage or part of a carriage or a room or compartment set apart for women only, or for women and children, or for any other exclusive use, knowing that it has been so set apart, or remains there after being informed that the place has been so set apart;
(4)smokes in a compartment set apart for non-smokers, without the consent of the other passengers in the compartment;
(5)smokes or spits on a railway in a place where this is prohibited;
(6)uses or tampers with, without reasonable or sufficient cause, a device intended for communication between passengers and railway officers in charge of the railway;
(7)locks the door of a compartment, or prevents it from being opened, without being authorised to do so;
(8)takes a dog or other animal into a passenger carriage without the permission of a railway officer;
(9)travels, without the permission of a railway officer, on a locomotive or in the inspector's carriage or in any carriage or vehicle not intended for passengers, or on the roof, on the steps, on the footboards or on any part of a carriage or vehicle not intended for passengers;
(10)enters or attempts to enter a carriage, or exits or attempts to exit from a carriage, while the train is in motion or at a place not intended for passengers to enter or exit carriages;
(11)places his feet, or stands, on a seat in a railway carriage;
(12)at a station that has a footbridge or tunnel for use by persons wishing to cross the railway — crosses the railway other than by the footbridge or tunnel;
(13)travels, attempts to travel or is present on a railway while suffering from a contagious disease, without the permission of a railway officer;
(14)wilfully enters a railway without the permission of a railway officer;
(15)removes a pole, peg or other marker placed along or near a railway line for the purpose of fixing, designating or marking it;
(16)peddles a commodity on a railway without having obtained the consent of a railway officer;
(17)being on a railway, as a porter or driver of a vehicle or beast of burden, fails to comply with a reasonable instruction of a railway officer lawfully authorised to give it;
(18)wilfully obstructs or delays a railway officer in the performance of his duty, or obstructs a person lawfully engaged in surveying a railway line;
(19)removes or defaces a notice lawfully displayed on a railway or otherwise damages it, or displays a notice on a railway without authorisation;
(20)sells or distributes on a railway obscene, indecent or seditious material;
(21)attempts to solicit customers on a railway by virtue of being a guide or by virtue of being an agent of a hotel or transport business, without the permission of a railway officer.

Dangerous Articles — Carriage and Consignment§

38.

A person who carries on a railway a dangerous or harmful article, or delivers such an article for carriage without expressly declaring in writing its nature, is liable to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977, and shall be responsible for any loss, injury or damage caused by reason of the article having been brought onto the railway.

Driving on a Railway§

39.

A person who wilfully rides or drives an animal, bicycle, cart or other vehicle on a railway, or crosses a railway as aforesaid at a place not intended for crossing, is liable to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.

Straying Animals§

40.
(a)If animals are found straying on a railway, their owner is liable to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977, in respect of each animal.
(b)A railway officer who finds a straying animal on a railway without supervision may drive it to the nearest police station or detain it nearby until the costs of its keep and feeding and any fine imposed on its owner under subsection (a) have been paid.
(c)An animal that has been detained as aforesaid and has not been claimed within ten days from the day it was seized may be sold by any railway officer whose rank is not lower than that of station manager; from the proceeds of the sale, the costs of supervision over the animal, its feeding and sale, as well as the fine, shall be deducted, all as determined by the court, and the balance shall be returned to the owner on demand.
(d)If it is found that the animal cannot be controlled or that it is suffering from a serious disease, a railway officer of the rank referred to in subsection (c) may destroy it, and such destruction does not prevent the prosecution of the owner under subsection (a).

Flammable Material near a Railway§

41.
(a)A person who places grass, straw or any other flammable material, or permits it to accumulate, whether by growth or otherwise, within eight metres of the boundary of a railway, is liable to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.
(b)An owner or occupier of real property within the said area who permits the placing or accumulation of flammable material on his real property, or who knowingly has not removed flammable material placed or accumulated thereon, is liable to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.
(c)This section shall not apply in a case where flammable material has been brought onto a railway in accordance with the Railway Regulations.

False Declaration§

42.

A person who is required to make a declaration under section 21 and fails to do so, or who makes a false declaration, is liable to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977.

Payment of Fine Does Not Discharge Liability§

43.

The collection of a fine in respect of an offence committed under this Ordinance shall not prejudice the right of the State or of a railway operator to collect fares or compensation, and the court convicting a person of such an offence may order that person to pay fares, or compensation for damage caused by that person, without the State or the railway operator being required to bring a civil action for that purpose.

Removal of a Person from a Railway§

44.

A railway officer or police officer may remove from a railway a person who has committed an offence under section 36(a)(1) or section 37 or continues to commit such an offence, after warning that person to desist, and in respect of an offence under section 36(a)(1) or under section 37(1) relating to a state of intoxication or an indecent act, and sections 37(6), (9), (10), (14), (15), (17) or (18) — may also use reasonable force for that purpose, provided that the use of force shall not be such as to cause bodily harm to that person.

Detention of a Person Suspected of an Offence§

45.
(a)If a railway officer has reasonable grounds to suspect that a person has committed an offence under this Ordinance in the officer's presence, the officer may require that person to identify himself by providing his name and address and to produce an identity card or other official document attesting to his identity, which that person is required to carry under any law.
(b)If a person refuses to identify himself as referred to in subsection (a), or if a railway officer has reasonable grounds to suspect that a person has committed an offence under this Ordinance in the officer's presence, the railway officer may detain that person until a police officer arrives, to whom the detained person shall be transferred as soon as possible; the provisions of sections 72 to 74 of the Criminal Procedure Law (Enforcement Powers — Arrests), 5756-1996, shall apply to such detention, with the necessary modifications.

Exercise of Powers of Removal and Detention§

45a.

A railway officer shall not exercise powers of removal and detention under sections 44 and 45 unless the officer has undergone appropriate training as prescribed by the Minister, in consultation with the Minister for Internal Security, and the Israel Police has notified in respect of that officer that there is no impediment, on grounds of public security, to that officer exercising such a power.

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Chapter IV-A: Local Railway

Section A: Definitions

Definitions — Chapter IV-A§
46.

In this Chapter —

"operating permit" — a permit for the operation of a local railway, granted under the provisions of Section E;

"Government company" — as defined in the Government Companies Law, 5735-1975;

"local railway" — a railway on which public transport services are provided, and which is not a national railway;

"senior office holder" — as defined in section 424a(f) of the Penal Law, 5737-1977;

"local train driving licence" — a licence granted under the provisions of Section H;

"local train" — a train travelling on a local railway;

"control" — as defined in the Banking (Licensing) Law, 5741-1981.

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