A person can be required to answer police questions that may help police identify the driver or owner of a vehicle on a particular occasion [Summary Offences Act 1953 (SA) s 74AB].

It is an offence to fail, without reasonable excuse, to answer a police question about the identity of the driver or owner of a motor vehicle, or to provide false information [s 74AB(2)]. The maximum penalty is a fine of $1,250 or imprisonment for 3 months [s 74AB(2)].

A police officer or an officer authorised under the Road Traffic Act 1961 (SA) can also ask any person they reasonably suspect to be the driver or owner of a motor vehicle, or anyone who may be able to help with the investigation of a suspected road traffic offence, questions to ascertain their personal details [Road Traffic Act 1961 (SA) s 40V(2)]. Personal details include full name, date of birth, residential address and business address [s 40V(1)].

It is an offence to fail to comply with a request for personal details or to provide false or misleading information or evidence, with a maximum penalty of a $5,000 fine [s 40V(4)]. It is a defence to the offence of failing to provide details of a business address if the person can establish they did not have a business address or that their business address was not connected (either directly or indirectly) with road transport [s 40V(6)].

The police or an authorised officer can also stop a vehicle and ask the driver who the owner is, the type of material being carried and details of the current or intended trip of the vehicle [s 40X]. This carries a heavier maximum penalty of $10,000 for non-compliance.

Police also have the power to give general directions in order to regulate traffic.

Power to require proof of identification

A police officer or authorised officer who suspects on reasonable grounds that a personal detail provided is false or misleading may require the person to provide evidence of the correctness of the detail [s 40V(3)].

The Motor Vehicles Act 1959 (SA) requires a driver to produce a licence immediately if asked by the police. If they are not carrying their licence, it must be taken to a police station within 48 hours. The penalty for failing to comply is a maximum fine of $1,250 [s 96]. Certain drivers, such as drivers of heavy vehicles [s 98AAA] and drivers who hold a probationary licence, provisional licence or learner's permit [s 98AAB], must carry their licence or permit at all times.