“I need a car this evening,” Boruch said to his friend, Mendy. “May I borrow yours?”
“No problem,” replied Mendy. “I get home around five. You can have the car after that.”
Boruch came at six and picked up the car. “Here is the key,” said Mendy. “The registration and insurance are in the glove compartment.”
“Thanks a lot,” said Boruch. “I should be back around 10:30.” He drove off.
Boruch was cruising along the road when a cop signaled him to pull over. “What does he want?” Boruch wondered. “I’m driving perfectly legally.”
Boruch pulled over at the roadside. “Your taillight is out,” the cop said. “That’s a violation.”
“It’s not my car,” explained Boruch. “I borrowed it from a friend for the evening and wasn’t aware that the light was out.”
“That’s not a valid excuse,” said the cop. “It’s got to be fixed. I’m issuing a ticket.” He filled out the ticket and handed it to Boruch.
“Mendy didn’t tell me that there was a problem with the taillight,” Boruch grumbled. “I wonder if he knew about it.”
When Boruch returned, he told Mendy what had happened. “Did you know the taillight wasn’t working?” he asked
“Yes, but I’ve been driving like this for a few days and didn’t think of it,” Mendy replied. “I planned to fix it later this week. I guess it’s your tough luck that the cop pulled you over.”
“If you knew about it, you should pay for the ticket!” said Baruch.
“You were the driver, though,” responded Mendy. “Anyway, a borrower is responsible even for oness [uncontrollable circumstances].”
“But you gave me a defective car,” argued Boruch. “I’m not responsible for that!”
The two went to Rabbi Dayan. “I borrowed a car with the tail-light out and got a ticket,” said Boruch. “Who is responsible for the ticket?”
“Since traffic rules are necessary for societal safety, they are subject to dina d’malchusa dina, the law of the land, and the halacha is in accordance,” replied Rabbi Dayan. “Thus, whoever was issued the ticket is liable for it. In most places the mechanical condition of the car is the driver’s responsibility; if the ticket was issued in his name he is liable. However, in some places the police can issue an ‘owner’s responsibility ticket,’ which falls on the owner. In addition, in some states the fine is irrevocable, whereas in others – California, for example – it is a ‘fix-it’ ticket, which can be dismissed upon proof of repair.” (Rama C.M. 369:11)
“Would the owner or driver ever be responsible to reimburse the other party for causing the fine?” asked Baruch.
“At most, causing the fine would be grama, for which one is not halachically liable,” replied Rabbi Dayan. “However, there is a chiyuv b’dinei shamayim, a moral obligation to pay where there was intention to damage or clear negligence. Thus, if the ticket was issued to the owner, the driver has no obligation to reimburse him. If the ticket was issued to the driver, the owner could have a moral obligation to reimburse if he knowingly concealed that the tail-light was out.” (Rama 386:3; Pischei Choshen, Nezikin 3:39; Halva’ah 2:76)
“What about the cost of the repair?” asked Mendy.
“The cost of the repair is upon the owner, since it is his car,” replied Rabbi Dayan. “If the ticket was a ‘fix-it’ ticket, the driver is responsible to ensure that the problem was fixed in order to have the ticket dismissed. If he repaired the car out of pocket, he would usually be entitled to reimbursement from the owner, since he enhanced the value of the car in a manner that is warranted –nyored l’soch sedei chaveiro – unless the owner explicitly instructed him not to repair it for some reason.” (C.M. 375:1; see Pischei Choshen, Sechirus 8:64)