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Drivers of motor vehicles

Who can request personal details?

A police officer or an officer authorised under the Road Traffic Act 1961 (SA) can ask any person questions to identify the driver and owner of a motor vehicle [Road Traffic Act 1961 (SA) s 40V].

Penalty

It is an offence to fail to comply to a request for personal details or to provide false or misleading information or evidence. The maximum penalty for this offence is $5000.

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.

What information can be requested?

The following information can be requested by a police officer (or an authorised officer):

  • full name
  • date of birth
  • residential address
  • business address

[Road Traffic Act 1961 (SA) s 40V]

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 (e.g. intended route and destination) [s 40X].

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

Can identification be required?

If a police officer or authorised officer suspects on reasonable grounds that a personal detail provided is false or misleading, they may request the person to provide evidence of the correctness of the detail.

The Motor Vehicles Act 1959 (SA) requires a driver to produce a licence immediately if asked by the police. If not carrying the licence it must be taken to a police station within 48 hours. The penalty for failing to comply is a maximum fine of $1250 [s 96].

Drivers of motor vehicles  :  Last Revised: Tue Jan 11th 2011
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