{"id":11690,"date":"2022-05-29T16:49:49","date_gmt":"2022-05-29T16:49:49","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11690"},"modified":"2024-04-12T20:40:07","modified_gmt":"2024-04-12T20:40:07","slug":"taking-vehicle","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/taking-vehicle\/","title":{"rendered":"Taking Vehicle"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/#Possible_Offences\" title=\"Possible Offences\">Possible Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/#Statutory_Offences\" title=\"Statutory Offences\">Statutory Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/#Defence\" title=\"Defence\">Defence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/#Similar_Offences\" title=\"Similar Offences\">Similar Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/#Hijacking\" title=\"Hijacking\">Hijacking<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/2\/#ROAD_TRAFFIC_ACT_1961\" title=\"ROAD TRAFFIC ACT 1961\">ROAD TRAFFIC ACT 1961<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/2\/#Taking_vehicle_without_authority\" title=\"Taking vehicle without authority.\">Taking vehicle without authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/2\/#Unauthorised_interference_with_mechanism_of_vehicle\" title=\"Unauthorised interference with mechanism of vehicle.\">Unauthorised interference with mechanism of vehicle.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/taking-vehicle\/2\/#Liability_in_respect_of_person_using_mechanically_propelled_vehicle_with_consent_of_owner\" title=\"Liability in respect of person using mechanically propelled vehicle with consent of owner.\">Liability in respect of person using mechanically propelled vehicle with consent of owner.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Possible_Offences\"><\/span>Possible Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Taking or using \u00a0vehicle without consent may constitute theft. It may not constitute theft where were the intention is to use it temporarily.<\/p>\n<p>There is a statutory offence of taking or using a mechanically propelled vehicle without consent. Where a \u00a0person is charged with the theft of a vehicle, the statutory offence charge may be substituted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Statutory_Offences\"><\/span>Statutory Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to take a mechanically propelled vehicle without consent.\u00a0Proof of use is sufficient without proof of taking and vice versa. Taking implies \u00a0moving \u00a0the vehicle. The taking or use must be without belief reasonable grounds, authority or consent.<\/p>\n<p>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 \u20ac5,000- and 12-months imprisonment summarily.\u00a0 It is subject on indictment to a fine up to \u20ac20,000 \u00a0\u00a0and imprisonment up to five years or both.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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 \u00a0offence has been committed, the person may be arrested without warrant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defence\"><\/span>Defence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person has a defence, if he has reasonable grounds for believing that he had lawful authority to do the act.<\/p>\n<p>The provision does not apply to a person moving a vehicle which is obstructing lawful ingress or access to a place, where \u00a0such steps that are reasonably necessary to move the vehicle by human propulsion \u00a0a distance sufficient to terminate the obstruction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Similar_Offences\"><\/span>Similar Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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 \u20ac2000 or imprisonment up to 3 months of both.<\/p>\n<p>It is an offence to take possession of a pedal cycle without the consent of the owner or other lawful authority.<\/p>\n<p>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 \u20ac2,000 \u00a0and\/ or imprisonment up to three months.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hijacking\"><\/span>Hijacking<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>Where a Garda with reasonable cause suspects\u00a0 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.<\/p>\n<p>He \u00a0may 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.<\/p>\n<p>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\u00a0\u00a0 5 years.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT 1961<\/h2>\n<p>Section 112<\/p>\n<h4>Taking vehicle without authority.<\/h4>\n<p>112.\u2014F240[(1) (a) A person shall not use or take possession of a mechanically propelled vehicle without the consent of the owner thereof or other lawful authority.<\/p>\n<p>(b) Where possession of a vehicle has been taken in contravention of this subsection, a person who knows of the taking shall not allow himself to be carried in or on it without the consent of the owner thereof or other lawful authority.]<\/p>\n<p>F241[(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to F242[a fine not exceeding \u20ac5,000] or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment;<\/p>\n<p>(b) on conviction on indictment, to F243[a fine not exceeding \u20ac20,000] or, at the discretion of the court, to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.]<\/p>\n<p>(3) A person shall not use or take possession of a pedal cycle without the consent of the owner thereof or other lawful authority.<\/p>\n<p>(4) A person who contravenes subsection (3) of this section shall be guilty of an offence.<\/p>\n<p>(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.<\/p>\n<p>(6) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person is committing F244[or has committed] an offence under this section, he may arrest the person without warrant.<\/p>\n<p>(7) Where, when a person is tried on indictment or summarily for the larceny of a vehicle, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of the larceny of the vehicle but was guilty of an offence under this section in relation to the vehicle, the jury or court may find him guilty of that offence and he may be sentenced accordingly.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F240<br \/>\nSubstituted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s.65(a), S.I. No. 169 of 1968.<\/p>\n<p>F241<br \/>\nSubstituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(7), commenced on enactment.<\/p>\n<p>F242<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 26, S.I. No. 86 of 2007. A fine of \u20ac5,000 translates into a class A fine not exceeding \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F243<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 27, S.I. No. 86 of 2007.<\/p>\n<p>F244<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s.65(b), S.I. No. 169 of 1968.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C80<br \/>\nApplication of subs. (1) extended by Firearms Act 1964 (1\/1964), s. 26(1), as substituted (1.11.2006) by Criminal Justice Act 2006 (26\/2006), s. 57, S.I. No. 390 of 2006.<\/p>\n<p>Possession of firearm while taking vehicle without authority.<\/p>\n<p>[26.\u2014 (1) A person who contravenes subsection (1) of section 112 of the Road Traffic Act 1961 and who at the time of the contravention has with him or her a firearm or imitation firearm is guilty of an offence.<\/p>\n<p>&#8230;]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E984<br \/>\nObligation to provide specimen following arrest under subs. (6) and consequential procedure provided by Road Traffic Act 2010 (25\/2010), s. 12(1), S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 9(d), S.I. No. 542 of 2011.<\/p>\n<p>E985<br \/>\nProcedure prescribed for detention of intoxicated drivers arrested under subs. (6) (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 16, S.I. No. 543 of 2011.<\/p>\n<p>E986<br \/>\nRelated offence prescribed (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 15(1)(d), S.I. No. 252 of 2002.<\/p>\n<p>E987<br \/>\nOffences under section prescribed as \u201cserious offences\u201d and discretion to refuse bail provided for (4.09.1998) by Bail Act 1997 (16\/1997), ss. 1(1), 2 and sch., arts. 19(b), 29 and 30, S.I. No. 315 of 1998, as amended (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 17(d), S.I. No. 236 of 2007. Additional procedure prescribed for such bail applications by Bail Act 1997 (16\/1997), ss. 1A and 2A as inserted (1.07.2007 and 18.05.2007) by Criminal Justice Act 2007 (29\/2007), ss. 6 and 7, S.I. No. 236 of 2007.<\/p>\n<p>E988<br \/>\nPower of Garda S\u00edoch\u00e1na to search vehicles and persons in vehicles provided for offences under subs. (2) by Criminal Law Act 1976 (32\/1976), s. 8(2) and (1)(k) as inserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 13, commenced as per s. 21 and later substituted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29\/2000), s. 6, S.I. No. 266 of 2000.<\/p>\n<p>E989<br \/>\nPrevious affecting provision: fines in subs. (2)(a) and (b) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table, ref. nos. 27 and 28, S.I. No. 491 of 2002. Fines increased as per above F-notes.<\/p>\n<p>E990<br \/>\nPrevious affecing provision: obligation to provide specimen following arrest under subs. (6) provided (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 13(1), S.I. No. 350 of 1994, as substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(b), commenced on enactment. S. 13 repealed (29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Section 113<\/p>\n<h4>Unauthorised interference with mechanism of vehicle.<\/h4>\n<p>113.\u2014(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary F245[\u2026], or get on or into or attempt to get on or into the vehicle while it is so stationary.<\/p>\n<p>F246[(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to F247[a fine not exceeding \u20ac2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]<\/p>\n<p>(3) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person is committing F248[or has committed] an offence under this section, he may arrest the person without warrant.<\/p>\n<p>(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.<\/p>\n<p>(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F245<br \/>\nDeleted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(8)(a), commenced on enactment.<\/p>\n<p>F246<br \/>\nSubstituted (18.07.1984) by Road Traffic Act 1984 (16\/1984), s. 3(8)(b), commenced on enactment.<\/p>\n<p>F247<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 28, S.I. No. 86 of 2007. A fine of \u20ac2,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F248<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. of 169 of 1968.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E991<br \/>\nPrevious affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 29, S.I. No. 491 of 2002. Fine increased as per F-note above.<\/p>\n<p>Section 114<\/p>\n<p>17.\u2014F255[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F255<br \/>\nRepealed (17.08.1961) by Civil Liability Act 1961 (41\/1961), s. 5 and sch. part V, commenced on enactment.<\/p>\n<p>Section 118<\/p>\n<h4>Liability in respect of person using mechanically propelled vehicle with consent of owner.<\/h4>\n<p>118.\u2014Where a person (in this section referred to as the user) uses a mechanically propelled vehicle with the consent of the owner of the vehicle, the user shall, for the purposes of determining the liability or non-liability of the owner for injury caused by the negligent use of the vehicle by the user, and for the purposes of determining the liability or non-liability of any other person for injury to the vehicle or persons or property therein caused by negligence occurring while the vehicle is being used by the user, be deemed to use the vehicle as the servant of the owner, but only in so far as the user acts in accordance with the terms of such consent.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11690\" data-postid=\"11690\" class=\"themify_builder_content themify_builder_content-11690 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Possible Offences Taking or using \u00a0vehicle 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 \u00a0person is charged with the theft of a vehicle, the statutory offence charge [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[109],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11690"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11690"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11690\/revisions"}],"predecessor-version":[{"id":35230,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11690\/revisions\/35230"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11690"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11690"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11690"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}