Bnei Brak Bais Din Issues Stern Ruling Against “Drivers” Who Use Cellphones Behind the Wheel
A prominent bais din in Bnei Brak has issued an unusually forceful psak targeting the widespread practice of private transportation drivers using their cellphones while driving, warning that distracted driving constitutes a genuine danger to life and that repeat offenders could ultimately face efforts to have their licenses revoked.
The ruling, issued by the Bais Din Tzedek of Bnei Brak, was signed by leading dayanim Rav Sariel Rosenberg, Rav Yehuda Silman and Rav Yitzchok Mordechai Hakohen Rubin.
The dayanim focused particularly on the growing network of private transportation drivers commonly known as “drivers,” many of whom rely on WhatsApp groups and other cellphone communications to receive and accept rides throughout the day.
Because of the competitive nature of the business, drivers may feel pressure to constantly monitor their phones, respond to messages and secure new fares even while transporting passengers. The dayanim ruled unequivocally that concerns over parnassah cannot justify putting passengers or others on the road at risk.
“One who is lenient regarding road safety may come to transgress the severe sin of actual bloodshed,” the psak states.
The ruling specifically addresses drivers who dial numbers, write or read messages, or otherwise occupy themselves with their phones while driving, thereby diverting their eyes and attention from the road.
The dayanim based their ruling on the Torah obligation of “V’nishmartem me’od l’nafshoseichem” — to carefully guard one’s life — explaining that this obligation includes both avoiding injury to others and protecting oneself from harm.
Because driving inherently carries potential danger, the letter states, every driver bears an absolute responsibility to operate his vehicle carefully, obey established traffic and safety regulations, and refrain from conduct that could endanger others.
The dayanim further write that maintaining safe roads and removing hazards is among the responsibilities of the community. In earlier eras, when batei din possessed broader communal enforcement powers, they note, local dayanim themselves would have enacted regulations designed to eliminate even the possibility of danger on the roads.
Because matters of life and death are involved, and chamira sakanta mei’issura — danger is treated even more stringently than a matter of prohibition — the bais din says such regulations would have been enforced in the strictest possible manner, with penalties imposed against reckless drivers.
The letter also cites a statement attributed to the Steipler Gaon, Rav Yaakov Yisroel Kanievsky zt”l, that if a Sanhedrin existed in contemporary times, the majority of drivers would be disqualified from driving because they fail to exercise sufficient caution on the roads.
Turning specifically to the current problem, the dayanim write that it has become increasingly common for transportation drivers, as well as other motorists, to engage in dialing, writing and talking on their phones while driving.
Such conduct, they write, distracts drivers from hazards that can arise without warning and places their passengers in danger.
The bais din says the community must find ways to eradicate the practice, invoking the Torah’s words, “Yadeinu lo shafchu es hadam hazeh” — “Our hands did not spill this blood.”
The letter cites earlier Gedolei Hador who ruled that the public roadway belongs to the public and that every individual therefore has an obligation to use it in a manner that does not cause harm to others.
Accordingly, the dayanim write that appropriate measures may be taken proactively to eliminate dangers before tragedy strikes.
The most striking portion of the ruling addresses what a passenger or other individual should do upon witnessing dangerous driving.
“Therefore, it is our opinion that any person who sees any driver, even a relative or acquaintance, driving in a manner that endangers the public or an individual, must warn and admonish him. If he does not cease his actions, he should ask a chacham what may be done to bring about the revocation of his license and ensure that he is held accountable for his actions,” the dayanim write.
Significantly, the ruling does not instruct witnesses to automatically report every offender to the authorities. Rather, after warning a driver who is endangering others, if the conduct continues, the individual should consult a chacham regarding what steps are permissible to take in order to have the driver’s license revoked.
The dayanim conclude with a bracha for those who conduct themselves properly on the roads, writing that they should be blessed from Shomayim to be spared from harm and destructive forces and to reach their destinations “for life, joy and peace.”
The ruling comes as the informal “drivers” industry has received increasing attention in Israel in recent months. Tax authorities recently arrested a Beit Shemesh resident suspected of operating an unauthorized taxi service, while police have also carried out enforcement efforts against drivers accused of transporting passengers for payment without the required licensing.
Meanwhile, proposed legislation intended to regulate Israel’s private transportation market, commonly referred to as the “Uber Law,” has stalled amid disagreements over a proposed compensation mechanism for traditional taxi drivers.
{Matzav.com}