Taking and Driving Away (TADA) Quiz

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.

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.