Relevant Court Rulings
Below are relevant court rulings relating to the Light Rail:
1. Zada-Pepperman Judgment
The Jerusalem District Court ruled in a defining judgment given in Civil Appeal Leave Application (Jerusalem) 54924-02-16 CityPass Ltd vs. Zada et al and Civil Appeal Leave Application (Jerusalem) 4267-03-16 CityPass Ltd. vs. Pepperman, as part of an appeal filed against the Appeals Committee’s decisions on the subject of increased charges on the light rail - given on 14.6.16 and appearing on the CityPass website under the headings "General Information", "Judgments" at the link:
Court Ruling, Zada and Fefferman (Hebrew pdf) regarding the obligation of ticket validation.
"As explained in detail in both the CityPass arguments and the position of the Attorney General, not only is the requirement to validate the ticket in itself a clear and unequivocal statutory obligation, but this is an obligation that contains a long list of purposes."
It is clarified that in the matter of Zada and Pepperman the District Court ruled that there is no reason to cancel an increased charge imposed on passengers even if the failure to validate was done in good faith and/or due to an error or forgetfulness, and even if the passenger holds a periodic ticket (such as unlimited monthly ticket) or a valid pass ticket.
2. Shoshana Raz Judgement
In the judgment given in the District Court of Jerusalem in Class Action 37820-05-12 Shoshana Raz et al. vs. CityPass Ltd. - given on 16.7.15 and appearing on the CityPass website under the heading "General Information", "Judgments" at the link.
Court Ruling, CityPass v. Yair Wachtal (Hebrew pdf) regarding the obligation of validating the Rav-Kav card.
The class action was rejected and the applicants were ordered to pay the expenses of CityPass. It was determined:
"Whether a person boarded the light train without a ticket, with the deliberate intention of evading payment, or whether a person purchased a ticket and did not validate it, and even if it was an unlimited monthly ticket - in all of these situations... there is full justification for imposing an increased charge at a uniform rate for the different situations, all of which cause... financial damage in a similar manner."
3. Wechtel Judgment
Given by the District Court of Jerusalem in its judgment in Small Claims Appeal Leave 44022-01-13 CityPass Ltd. vs. Wechtel - given on 21.7.13 and appearing on the CityPass website under the heading "General Information", "Judgments" at the link:
Court Ruling, CityPass v. Shoshana Raz (Hebrew pdf) regarding the increased fare for a passenger traveling without a validated ticket.
"From these provisions [of the Railroad Ordinance] it arises that it is the duty of a passenger on the light rail to insert the ticket he purchased, before the journey begins or soon after it begins, in the designated device, and that the purchase itself of a ticket does not suffice. Failure to so insert a ticket creates an obligation to pay an increased charge. It should be emphasized that the mere payment for a travel ticket (whether one-time or periodic) does not release from the requirement to "validate” the ticket.”
Files courtesy of the Psak Din website.
Photo below by Yael Katz, for the CityPass Photography Competition 2016.