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The Supreme Court ruled: A walk on a marked path is what determines, not the map

The Nature and Parks Authority has prosecuted people who hiked marked trails but were not marked on trail marking maps.

One guide did not give up and obliged the authority, through his proxy, to disclose the list of trails marked in recent years and address the marking in the field, and not to map

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• Excursions in the country

• Trails

• Nature and Parks Authority

Yoav Itiel

Tuesday, 22 December 2020, 12:51

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In Israel, there are more than 1,700 marked hiking trails, with a total length of more than ten thousand kilometers, which according to the "father of the marked trails", the late Uri Dvir, made it the most marked country in the world, in terms of its territory. Apparently the first to complete a trail marking project and preparing hiking maps throughout its territory,

but it turns out that there is no formal trail marking procedure in Israel, no trail markings in "records" and as one stubborn hiker and his lawyer discovered, at all difficult-to-impossible Obtain a list of the marked trails in Israel, or the instructions received by those who actually marked them or deleted them (this also happens).

The Nature and Parks Authority referred to the trail maps, which in their method are binding. The Israeli trail marking method was copied from a method developed in Europe in the late 19th century. 1947 The first trail in the Judean Desert was marked. The usual marking is a rectangle, 20 cm long and 15 cm wide, with two white stripes for emphasis and a colored stripe between them. The "Israel Trail" marking is slightly different and made of stepped stripes.

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Independent in the field: A trip on the first trail marked in the country

To the full article

The first marked path in Israel is in the Judean Desert.

Rosh Tzukim (Photo: Eyal Shapira)

"Saying 'we don't' is unthinkable"

The Nature and Parks Authority is the body responsible for marking trails in nature reserves in Israel.

In practice, it refers to the Society for the Protection of Nature, which in the early 1960s initiated the Israel Trails Committee, which has been marking hiking trails for many years.

There are three types of marked trails: for pedestrians, bicycles, and vehicles.

Regulation 10 of the Nature Reserves Regulations stipulates that "a person shall not walk in the area of ​​the reserve and shall not be found there except on roads and paths marked by the Authority as designated for pedestrians."

Every instructor is familiar with this installation by heart.

According to the Nature and Parks Authority, there should also be no formal announcement of trail markings.

At least that is what she repeatedly claims in court, where Dr. Moshe ("Moishe") Maoz and the lawyer Ariel Atari, who represents him, insist in this matter, including in a proceeding that ended last week in the Supreme Court. In one decision, judges Uzi Vogelman changed George and Yael Wilner read the authority's decades-long interpretation of the authority, stating that the marking of trails in the field is "constitutive," that is, what legally determines whether a trail is considered a marked trail. "This was recorded in a protocol that the Nature and Parks Authority stated. In this area, "Judge Wilner noted.

" This addition to the protocol, at my request, tells the whole story, "explains lawyer Ariel Atari." RTG prosecutes people for walking in nature reserves on paths that were marked with trails in the area, claiming that although they are marked In the field - it is enough that they are not marked on trail marking maps for a person to be considered a criminal. RTG also refused to provide detailed information on the entire list of trails marked in nature reserves.

In the RTG discussion, they "folded."

According to him, RTG announced, contrary to its position to date in all the courts, that the map marking of the paths has no validity and that if there is a road marking in the area, this is what determines.

This assertion has enormous implications, maps trail utilities are only what counts is check the physical area. "

" I would expect to see 1,700 orders, the binder of instructions in writing, please indicate the path stream so and so ", appealed Judge Wilner attorney Nati Agmon From the Ministry of Oats, which represented the Nature and Parks Authority with Adv. Lider Kuperschmidt-Tal, "Where is the instruction?" Agmon replied that "documents cannot be found because it is 1,700 paths," and Judge Wilner insisted: "Saying 'we do not' is not acceptable. In mind. "

It was claimed that he walked a marked path in the field, but not on a map.

Guide Dr. Moish Maoz (Photo: courtesy of the person photographed)

It's too early to celebrate

"At the end of the hearing, they pledged to present us with a list of trails marked in the field over the past five years, and following my written request will also be forced to hand over the decisions on marking those trails, as the decision shows," added Attorney Atari. In the courts, it is the first step in a revolution that will take nature out of the hands of the Nature and Parks Authority and return it, at last, to its true owners - the citizens of the State of Israel. "

It is too early to celebrate the understandings in the Supreme Court and rest on its laurels. Criminal proceedings are underway for violating Regulation 10 and the response of the Nature and Parks Authority indicates that "the world is as it used to be."

Dr. Maoz has been prosecuted by the RTG for walking on a path marked in the field, claiming that it is not marked on a trail marking map.

The trial has been going on for three and a half years in the Magistrate's Court in Kiryat Gat.

Maoz, a 65-year-old resident of Zichron Yaacov, describes himself as someone who has been traveling the country for decades and leading trips there.

He is the author of the book "The Hidden Rabbi over the Visible" which deals with the history of the holy sites of Christianity.

On one of the days in November 2017, he led a group of about 25 hikers on Mount Anov in the Judean Desert Reserve, on a road that, according to RTG, is "not dangerous."

But according to RTG, at the entrance to the reserve near the bus parking lot that led to Maoz and its travelers, The instructor for walking only on the marked paths, as well as instructing group leaders that they must be equipped with a trail marking map at 1: 50,000 km. Maoz strongly claims that he was moving on a marked path and even kept photographs documenting the marking in the field. Marked "in the field is not a" marked path "in the marked paths map.

At the beginning of January, a tenth hearing in this case is expected, before Vice President Justice Noga Shmueli-Mayer.

"In general, we note that when going for a walk in the open, similar to road navigation by the way, it is recommended and even required to know the marked trails through updated apps and trail maps, as required in signage and professional practice and stick to trail markings in the field," the Nature and Parks Authority said. "This, of course, in addition to paying attention to alerts and other intentions for safety reasons, among others, which are reflected in the field as well as in various information channels."

According to RTG, "In the case of the hiker in question, who is an experienced guide in his profession, it is clear that he chose to ignore the basic required actions as expected of a guide in general, which will ensure that he does not deviate from the paths allowed for walking." They further added that "since the matter is still in legal proceedings, naturally we will not be able to address at this stage the depth of things and these will be clarified in court."

"Not marked on trail marking map."

Marking the path in the Judean Desert, for which the guide was prosecuted (Photo: Dr. Moish Maoz)

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