For years the Traffic Regulations issued by the Licensing Authority prohibited the issuance/renewal of licenses/permits allowing Palestinians from the OPT to drive in Israel, including Palestinians who lawfully reside in Israel by virtue of renewable stay permits granted as part of the family unification procedure.
In a petition filed by HaMoked, the respondents asserted that the military had issued a
new procedure, and that the old Ministry of Transportation’s procedure had been cancelled. The new military procedure aims at improving the process by which Palestinians from the OPT are issued licenses to drive in Israel, in special cases.
Figures provided to HaMoked by the military indicate that even after the new procedure was implemented, only a fraction of the dozens of application submitted by Palestinians had been approved.
On November 4, 2014 HaMoked requested the army issue a driving permit to a Palestinian man living in Jerusalem. The man and his wife are raising ten children, six of them born to the father’s first wife, who has since died. One of the children suffers from severe brain damage and a severe intellectual disability and requires constant, intensive assistance with all aspects of life. Two other children suffer from significant health problems as well. HaMoked emphasized that a driving permit is vital for the man, partly because it would enable him to drive his children from place to place, especially medical treatments.
On February 18, 2015
the army responded to the request. The army quoted the strict conditions of the procedure and emphasized that while this case does concern an immediate relative who needs urgent medical care, the man’s Israeli wife is eligible to drive in Israel, which according to the procedure, justifies a refusal. To HaMoked’s arguments that the wife’s mental condition and the family’s harsh economic situation preclude her from taking driving lessons and getting a driver’s license, the army curtly replied that no documents to that effect had been presented. However the army announced that it had decided “beyond the requirement of law”, to grant the man a permit to drive for the duration of three months. If, at the end of this period, the man shows that his wife “has made an honest effort to learn how to drive” but failed, or that she is medically unable to drive, the army will reconsider its position.
The driving permit issued to the man stated clearly that it is for the purpose of driving his children to receive medical care only and that if he is caught driving for any other purpose, he will be deemed to have violated the permit.
HaMoked believes the army has once again made it clear that it is opting for vexatious practices.
