Without Michaeli: the light rail can be operated on Shabbat

According to preliminary estimates, the government intends to invest in a mass transit system in Gush Dan (light rail and metro) a huge sum of about NIS 250 billion. Since there is no one to finance this huge investment except the tax-paying public, it follows that an average family in Israel will be required to finance the investment in the mass train in the amount of approximately NIS 100,000 – a significant and burdensome sum for any family. However, while the government is reaching into the taxpayers’ pockets to finance this huge investment – it is also announcing to them that it intends to provide them with a disabled and damaged mass transportation system that will operate only five days a week.

Failure to operate mass transit on weekends and holidays after huge investments of public funds were invested in its establishment, will constitute disproportionate injury in the public, including harming the individual’s freedom to move from place to place (especially for those without a private car), a barrier against giving up private cars in favor of public transportation, the necessity to use expensive transportation on weekends (taxis), increased traffic accidents, air pollution and, of course, tremendous damage to the national economy.

The government, realizing that this is a disproportionate and unjustified harm to the public, mumbles that the members of the coalition have pledged to each other to preserve the “status quo” in the field of religion. It is appropriate for the public to understand that this is an idle statement that has no greater absurdity than that. After all, this is a new system for which travel patterns have not been set in the past. Shutting down buses on weekends (which is also unjustified) is not like shutting down an investment of NIS 250 billion for two days out of seven.

The government members’ avoidance of this hot potato is particularly puzzling: Minister of Transportation which has never been accused of attaching any importance to economic reasons – suddenly requests to conduct an economic examination of the significance of shutting down the system on Shabbat. The minister is also looking for excuses to bring the issue to the cabinet table to embarrass the prime minister. The Minister of Justice suggests that the mayors decide instead of the government, while the prime minister remains silent.

A more in-depth examination of the issue can lead to the conclusion that not only is it not necessary to amend legislation for the purpose of operating public transport on Shabbat, but there is also no need for a government decision. A study of the traffic ordinance and the railroad ordinance can show that the minister of transportation does not have any authority in these laws to instruct the operators of the mass transportation to disable the system on Friday and Saturday.

In the absence of such authority, it is the duty of the NTA, which is entrusted with the construction and operation of the system for the benefit of the traveling public and not in favor of considerations outside of its scope, to operate it also on weekends according to the needs of the public. of workers needed on rest days for the operation of mass transportation. It must justify the request properly, and in order to avoid harming the Shabbat-observing public, it can be noted that any local authority can determine that a station or stations in its area will not be operated on Shabbat (this will probably be relevant to three underground stations within the city limits of Bnei Brak). Such a request is expected to be approved, similar to approvals given in similar circumstances. To the extent that TAA does not act as required by its commitment to the traveling public, it is even expected to face lawsuits from a wide public of victims.

It is possible that NTA has not acted this way until today and even neglected to define the concession it granted to the company chosen to operate the light rail; however, it is not too late, especially when the red line is nothing but the locomotive followed by many mass transit lines. The Ministry of Transportation must also stop being afraid of its own shadow And she must direct the NTA to act only according to the law.

Hopefully, along with the justified public outcry that is growing on the issue, the mass transit train will move.

David Milgrom served as the budget supervisor at the Ministry of Finance