Taking or using vehicle without consent may constitute theft. It may not constitute theft where were the intention is to use it temporarily.
There is a statutory offence of taking or using a mechanically propelled vehicle without consent. Where a person is charged with the theft of a vehicle, the statutory offence charge may be substituted.
It is an offence to take a mechanically propelled vehicle without consent. Proof of use is sufficient without proof of taking and vice versa. Taking implies moving the vehicle. The taking or use must be without belief reasonable grounds, authority or consent.
The offence may be tried summarily or on indictment as the State determines. The offence is subject on summary conviction, to a fine up to €5,000- and 12-months imprisonment summarily. It is subject on indictment to a fine up to €20,000 and imprisonment up to five years or both.
Where a vehicle has been taken in contravention of the provision, a person who knows of the taking must not allow himself to be carried in it without the consent of the owner. It is an offence for a person to allow himself to be carried in or on a vehicle taken in contravention of the above prohibition without the consent of the owner or other lawful authority.
A person is subject on conviction to a mandatory disqualification for at least one year. He may also be required to obtain a certificate of competency or a certificate of fitness of to obtain a licence in the future.
A member of an Garda Siochana may arrest a person whom he suspects of committing this offence without warrant. Where the member of an Garda Siochana has reasonable grounds for believing an offence has been committed, the person may be arrested without warrant.
A person has a defence, if he has reasonable grounds for believing that he had lawful authority to do the act.
The provision does not apply to a person moving a vehicle which is obstructing lawful ingress or access to a place, where such steps that are reasonably necessary to move the vehicle by human propulsion a distance sufficient to terminate the obstruction.
It is an offence without lawful authority or reasonable cause to interfere with or attempt to interfere with the mechanism of a vehicle, while it is stationary or to get into or attempt to get into a vehicle while it is so stationary. The offence is subject on summary conviction to a fine up to €2000 or imprisonment up to 3 months of both.
It is an offence to take possession of a pedal cycle without the consent of the owner or other lawful authority.
It is an offence without lawful authority or reasonable cause to interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary or to attempt to get into the vehicle while it is so stationary. It is subject on summary conviction to a fine up to €2,000 and/ or imprisonment up to three months.
A person is not guilty of this offence when he moves a vehicle which is obstructing his access to or ingress from an anyplace and it is necessary by reasonably necessary to move the vehicle by human propulsion for a distance sufficient to open the obstruction.
Seizing a vehicle by force or threat intimidation or compelling or inducing some other person to use any vehicle for unlawful purpose is an offence subject on conviction on indictment to imprisonment up to 15 years. It may be tried summarily in appropriate circumstances.
Where a Garda with reasonable cause suspects that an offence has been or is being committed under this provision (he may stop the vehicle with a view to ascertaining whether the person is or is about to commit the offence or obtaining evidence relating to the commission or intended commission of the offence.
He may search the vehicle if the suspects s with reasonable cause that any of the above circumstances apply. He may use reasonable force to compel a person to comply with a requirement, including placing a barrier.
It is an offence to be in possession of anything intended to facilitate breaking into and taking a car. It is subject on conviction on a fine and or indictment to imprisonment up to 5 years.