הצעת חוק לתיקון פקודת מסילות הברזל (מס' 9), התשע"ז-2017Bill for the Amendment of the Railways Ordinance (No. 9), 2017 · automatic translation · suggest a correction

What was put to the vote

«לקבל את הצעת החוק בקריאה שלישית»

Third reading: The final vote. A bill that passes its third reading becomes law. Glossary →

Bill: חוק לתיקון פקודת מסילות הברזל (מס' 9), התשע"ז-2017Law for the Amendment of the Railways Ordinance (No. 9), 2017auto

About the law and the debate

Official summary of the law (Knesset)

The law was passed in second and third reading on 21 March 2017. The law amends the Railways Ordinance [New Version], 1972 (hereinafter – the Ordinance), and establishes, for the first time in primary legislation, regulatory arrangements regarding the operation of a national railway, in accordance with, among other things, a European Union directive on railway safety and agreements signed between the state and Israel Railways Ltd. and its employees. The following are the main matters regulated by the law in this regard: 1. Operating plan: The law determines that operation of a national railway is conditional on submission of an operating plan approved by the regulator – the Director for Railways at the Ministry of Transport and Road Safety (hereinafter – the Director). According to the law, the operating plan will address a number of matters, including safety management on the national railway and the service provided to the traveling public. The provisions on this matter will come into effect at the end of two years from the date of publication of the law in the Official Gazette; 2. Licensing of drivers on the national railway: The law establishes a licensing requirement for national railway drivers and conditions for granting and renewing a license, similar to the existing arrangement under the Ordinance regarding drivers of the local railway ("light rail"). These conditions concern, among other things, examination of their medical fitness and criminal record, setting a minimum age for obtaining a license, and education requirements. The provisions on this matter will come into effect at the end of 15 months from the date of publication of the law in the Official Gazette; 3. Conditions for filling positions relating to the national railway: These are two types of positions – a "railway position holder," comprising 5 positions with significant influence on the safety of railway operation, such as a track controller who approves the proper condition of the national railway track, and a "training position holder," meaning someone whose role is to train national railway drivers, railway position holders, and candidates for these positions. The law does not establish a licensing requirement for these positions but rather conditions for filling them, concerning, among other things, examination of medical fitness, criminal record, training and education. That is, in practice the railway operator will not be permitted to employ a person in one of these positions unless that person meets the conditions established for filling the position as stated. The provisions on this matter will come into effect at the end of one year from the date of publication of the law in the Official Gazette. It should be noted that the law establishes transitional provisions for those currently employed by Israel Railways Ltd. as a national railway driver, in a railway position, or in a training position, such that they will not be required to undergo re-examination under the conditions established in the law, and may continue in their occupation even after the law comes into effect; 4. Licensing of schools for training national railway drivers and railway position holders and training position holders: The law determines that training for obtaining a license to drive a national railway, for filling the aforementioned positions, and for maintaining ongoing fitness, will be conducted only at a training school, insofar as this training is not conducted by the railway operator. The law further determines that operation of a training school will require a license from the Director; 5. Investigation of safety incidents on a national railway: The law applies the existing arrangement in the Ordinance regarding the Director's authority to conduct inquiries into safety incidents on a local railway, such that it will also apply to such incidents on a national railway. Regarding a serious safety incident as defined in the Ordinance, the law authorizes the Minister of Transport and Road Safety (hereinafter – the Minister) to appoint an examination committee that will be authorized to investigate the incident instead of the Director. The law establishes detailed provisions regarding the composition and powers of the examination committee, including eligibility conditions for the committee chairperson, provisions to prevent conflicts of interest among committee members, and provisions that will ensure the proper balance between the need to provide tools for the Director or the examination committee to investigate the incident and draw lessons from it, and the need to avoid harming the police's criminal investigation powers; 6. Supervisory powers: According to the law, the Minister will be authorized to appoint inspectors from among his ministry's employees, for the purpose of supervising the implementation of the provisions under the Ordinance regarding a national railway as stated; 7. Authorization of the Minister to enact Regulations on a series of matters relating to a national railway, including establishing circumstances under which an obligation to compensate passengers for delays in the arrival of a national railway train will apply, provisions intended to reduce or prevent the environmental impact of a national railway (such as noise nuisances), and provisions relating to the conditions for filling a railway position and a training position and for obtaining a license to drive a national railway. In addition to the amendments concerning the national railway, the law includes several specific amendments regarding the local railway, including authorizing the Minister to increase, in Regulations, the criminal penalties for violation of the Railways Regulations (Application of Traffic Regulations to Local Railway), 2011. This amendment is intended to achieve uniformity in penalties for violations of the Traffic Regulations and for violations of the Railways Regulations, which apply, with certain changes, the provisions of the Traffic Regulations to the local railway.

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