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Questions and Answers
What constitutes taking a motor vehicle under the law?
What constitutes taking a motor vehicle under the law?
Who can provide lawful consent for a person to possess a vehicle?
Who can provide lawful consent for a person to possess a vehicle?
Which of the following actions does NOT constitute an offense under TADA?
Which of the following actions does NOT constitute an offense under TADA?
If a driver exceeds the limitations of consent, what is the implication?
If a driver exceeds the limitations of consent, what is the implication?
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Under the TADA definition, which of these is NOT a type of vehicle mentioned?
Under the TADA definition, which of these is NOT a type of vehicle mentioned?
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What does it mean to be guilty of an offense under TADA?
What does it mean to be guilty of an offense under TADA?
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Which option correctly describes an attempt to take a vehicle?
Which option correctly describes an attempt to take a vehicle?
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If someone allows themselves to be carried in a vehicle that is known to be taken without authority, what is their status under the law?
If someone allows themselves to be carried in a vehicle that is known to be taken without authority, what is their status under the law?
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What is meant by lawful authority in relation to vehicle seizure?
What is meant by lawful authority in relation to vehicle seizure?
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Which action is sufficient to complete the offence of moving a vehicle unlawfully?
Which action is sufficient to complete the offence of moving a vehicle unlawfully?
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What qualifies as a motor vehicle?
What qualifies as a motor vehicle?
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Which of the following best describes the 'use' of a motor vehicle in the context of unlawful taking?
Which of the following best describes the 'use' of a motor vehicle in the context of unlawful taking?
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What must be proven regarding a person who drives a vehicle that has been taken unlawfully?
What must be proven regarding a person who drives a vehicle that has been taken unlawfully?
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What is necessary to establish that a motor vehicle was 'carried' in the context of the law?
What is necessary to establish that a motor vehicle was 'carried' in the context of the law?
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Which statement describes the statutory defence in vehicle offences?
Which statement describes the statutory defence in vehicle offences?
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What is true about Irvine's situation as a driver for a local bakery?
What is true about Irvine's situation as a driver for a local bakery?
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Under Article 172A, what must a person prove to establish a statutory defense for driving-related offenses?
Under Article 172A, what must a person prove to establish a statutory defense for driving-related offenses?
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Which of the following best describes what constitutes 'dangerously' driving a vehicle under Article 172A?
Which of the following best describes what constitutes 'dangerously' driving a vehicle under Article 172A?
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When is an aggravated offense applicable in relation to taking a motor vehicle under Article 172A?
When is an aggravated offense applicable in relation to taking a motor vehicle under Article 172A?
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What is the meaning of 'damage' as defined in the context of Article 172A?
What is the meaning of 'damage' as defined in the context of Article 172A?
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Which of the following scenarios illustrates a situation that is not classified as aggravated under Article 172A?
Which of the following scenarios illustrates a situation that is not classified as aggravated under Article 172A?
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What is the proper definition of 'recovered' in relation to a vehicle under Article 172A?
What is the proper definition of 'recovered' in relation to a vehicle under Article 172A?
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Which of the following types of offenses is Article 172B categorized as?
Which of the following types of offenses is Article 172B categorized as?
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In the given examples, what is a significant outcome of Peterson's actions when he forgets about Deering after the initial struggle?
In the given examples, what is a significant outcome of Peterson's actions when he forgets about Deering after the initial struggle?
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What is the main reason why the VRLO will not release a vehicle?
What is the main reason why the VRLO will not release a vehicle?
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What must be done with articles of evidential value found in a vehicle?
What must be done with articles of evidential value found in a vehicle?
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What should officers do when removing property for safe keeping?
What should officers do when removing property for safe keeping?
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What details need to be provided to the call handler when requesting MVRS removal?
What details need to be provided to the call handler when requesting MVRS removal?
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What action should be taken after all recoveries are completed?
What action should be taken after all recoveries are completed?
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What should officers never say regarding payment for vehicle recovery?
What should officers never say regarding payment for vehicle recovery?
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Which of the following situations does NOT require police removal of a vehicle?
Which of the following situations does NOT require police removal of a vehicle?
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What must recovery operators do when they are informed of property in a vehicle?
What must recovery operators do when they are informed of property in a vehicle?
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When should recovery of a vehicle be requested through control?
When should recovery of a vehicle be requested through control?
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What must control room staff inform the GRG when recovery is at the owner’s request?
What must control room staff inform the GRG when recovery is at the owner’s request?
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Which of the following options can a police officer do regarding recovery companies?
Which of the following options can a police officer do regarding recovery companies?
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Which information should be included when requesting vehicle recovery if known?
Which information should be included when requesting vehicle recovery if known?
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What could be a consequence of a police officer recommending a recovery operator?
What could be a consequence of a police officer recommending a recovery operator?
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What kind of information is not required when requesting vehicle recovery?
What kind of information is not required when requesting vehicle recovery?
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Which factor could aggravate the recovery process?
Which factor could aggravate the recovery process?
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What information needs to be notified to the VRLO if the vehicle is to be retained?
What information needs to be notified to the VRLO if the vehicle is to be retained?
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Study Notes
Taking and Driving Away (TADA)
- TADA occurs when a person takes or attempts to take a motor vehicle, trailer, or cycle without the owner's consent or lawful authority.
- Consent can be granted by the owner, hirer, or purchaser under a hire purchase agreement.
- Lawful authority includes police officers, customs and excise officials, the military, and finance company agents repossessing a vehicle.
- Taking a vehicle includes moving it even slightly.
- A motor vehicle is a mechanically propelled vehicle adapted for use on roads.
- The 'use' of a vehicle for TADA can include immediate use or future use.
- If a person drives a vehicle knowing it was taken without authority, they can be charged with TADA.
- The vehicle must be in motion to satisfy the 'carried' element of TADA.
- A statutory defense exists if the defendant reasonably believed they had lawful authority or the owner would have consented.
- The belief does not need to be honest, only reasonable.
Aggravated Taking and Driving Away (ATADA)
- ATADA occurs when TADA is accompanied by driving the vehicle dangerously, causing damage, or causing injury.
- ATADA only applies to motor vehicles, not cycles or trailers.
- Damage includes any damage, not just criminal damage.
- A vehicle is considered recovered when it is returned to its owner or other lawful possession.
- Dangerous driving is defined as driving far below the standard of a competent and careful driver, where it would be obvious the driving was dangerous.
- ATADA is a hybrid offense, meaning it can be prosecuted in either the Magistrates' Court or the Crown Court.
Statutory Defences for ATADA
- A person is not guilty of ATADA if the driving, accident, or damage occurred before the taking of the vehicle.
- A person is not guilty of ATADA if they were not in or on the vehicle, or in the immediate vicinity, when the damage or injury occurred.
Recovery of Vehicles
- The Police Service of Northern Ireland (PSNI) has a Managed Vehicle Recovery Scheme (MVRS) to manage recovery of vehicles from incidents.
- If a vehicle is on a road and involved in an incident, recovery is typically handled through the MVRS.
- The MVRS is used for vehicles involved in road traffic collisions, stolen vehicles, abandoned vehicles causing a danger or obstruction, burnt out vehicles, or broken down vehicles.
- If a vehicle is not on a road, recovery may involve the Road Traffic Regulation (NI) Order 1997, with costs typically borne by the vehicle owner or insurer.
- The PSNI can request vehicle recovery for police purposes.
- Officers should ensure that recovery companies are informed if recovery is requested by the vehicle owner.
- When requesting MVRS recovery, officers should provide a service number, full location, category of incident, reason for removal, vehicle type, registration number, and any other relevant information.
- All property in vehicles is the responsibility of the recovery operator, except for evidential items or illegal items, which should be seized.
- The owner should be informed if their vehicle is retained, and this should be recorded on form T23.
Officers' Actions
- Officers should request MVRS recovery through the call handler.
- Officers should complete the Operators Audit Card at the scene.
- Officers should complete form T23 for all recoveries.
- Officers should never say "police will pay" for recovery.
- Officers should inform the Vehicle Recovery Liaison Officer (VRLO) when a vehicle is retained.
- The VRLO will release a retained vehicle unless they receive notification on form T23.
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Description
Test your knowledge on Taking and Driving Away (TADA) laws. This quiz covers key definitions, lawful authorities, and defenses related to the illegal taking of vehicles. Understand the nuances and legal implications of TADA with this informative quiz.