In accordance with the Australian Road Rules the driver of every vehicle concerned in an accident must:

A report must be made to the police within the required time where:

A driver who is involved in a car accident must report to a police officer where real or personal property (other than an animal) is destroyed or damaged in the accident, but does not have to report where the only property destroyed or damaged is property owned by the driver, or where a fair estimate of the cost of making good the damage to property, is not more than $3,000 [see Road Traffic (Road Rules-Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) reg 39]. Failure to comply with this requirement is an offence for which the maximum penalty is a fine of $2,500 [see reg 67].

There are a number of situations related to driving where it is an offence to not answer truthfully questions put by a police officer or to fail to obey the lawful directions of a police officer.

A police officer, for the purpose of, or in connection with the exercise of their powers under a road law, may direct the driver of a vehicle to stop the vehicle. Failure to respond to such a direction is an offence for which the maximum penalty is a fine of $5,000 [see Road Traffic Act 1961 (SA) s 40H]. In addition, a police officer may request personal details from any person whom the police officer suspects on reasonable grounds has committed, is committing, or is about to commit, an Australian Road Law offence; or who is able to assist in the investigation of an Australian Road Law offence or suspected Road Law Offence; or who is or may be the driver of a vehicle involved in an accident [see Road Traffic Act 1961 (SA) s 40V]. It is an offence to contravene a direction to provide personal details or to provide false or misleading information, for which the maximum penalty is a fine of $5,000 [see s 40V].

Under the Motor Vehicles Act 1959 (SA) a person must answer any question that would help to identify the driver of a motor vehicle [see s 137(b)]. The maximum penalty for failure to comply is a fine of $750 [see s 137]. Drivers must also produce their licences when requested by a police officer, either immediately or to a specified police station within forty-eight hours [see s 96(1)]. A person who disobeys this requirement may be fined up to $1,250 [see s 96(1)]. However, a person who holds a probationary licence, provisional licence or learner’s permit must carry that licence or permit at all times when driving and must produce the licence or permit immediately if requested to do so by a police officer. The maximum penalty is a fine of $1,250 [see s 98AAB]. It is also an offence for a person to falsely represent to a police officer that they are the person named in the licence or learner’s permit, for which the maximum penalty is a fine of $750 [see s 96(3)]. A court may also require a person to produce their licence or learner’s permit to the court at the time of the hearing of the charge, and failure to do so is an offence for which the maximum penalty is a fine of $1,250 [see s 97(1)].

A police officer may ask questions about the identity of the driver of a vehicle at a particular time or on a particular occasion [see Summary Offences Act 1953 (SA) s 74AB(1)]. It is an offence to refuse to answer, or to provide false or misleading information [see s 74AB(2)]. On a broader level, where there is reasonable cause to suspect a person has committed, is committing, or is about to commit, an offence, or where a person may be able to assist with the investigation of an offence, that person must provide their name and other personal details as requested by a police officer [see s 74A(1)]. Further information in relation to police powers can be found in the Police Powers and Forensic Procedures chapter.

These offences may be detected by speed and red light traffic cameras [see Motor Vehicles Act 1959 (SA) sch 1 s 2(1)].

Unregistered vehicles

It is an offence to drive an unregistered motor vehicle, or cause an unregistered motor vehicle to stand on a road. The maximum penalty is a fine of $7,500 [see Motor Vehicles Act 1959 (SA) s 9(1); Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007(SA); Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA) reg 5(b) but not a first offence]. It is a defence if a person drove the vehicle or allowed it to stand in prescribed circumstances and did not know it was unregistered [see s 9(1a)]. It is also a defence if the person was the driver, but not the owner of the vehicle, and did not know, and could not have reasonably be expected to have known, that the vehicle was unregistered [see s 9(1c)].

Where an unregistered motor vehicle is driven or found standing on a road, the owner of the vehicle is guilty of an offence. The maximum penalty is a fine of $7,500 [see Motor Vehicles Act 1959 (SA) s 9(3)]. It is a defence if the owner did not drive or leave the vehicle standing on the road and took reasonable steps to ensure that any person lawfully entitled to use the vehicle would have been aware it was unregistered [see s 9(4a)]. It is also a defence if the vehicle was driven or left standing on the road because of an unlawful act, such as theft [s 9(5)], or the person was the last registered owner but was no longer the owner at the time of the alleged offence [see s 9(6)].

Uninsured vehicles

It is also an offence to drive a motor vehicle on a road, or cause an uninsured motor vehicle to stand on a road when it is not covered by third party insurance [see Motor Vehicles Act 1959 (SA) s 102(1); Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA); Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA) reg 5(b) but not a first offence]. Where an uninsured motor vehicle is found standing on a road, the owner of the vehicle is guilty of an offence. The maximum penalty for these offences is a fine of $10,000 [see Motor Vehicles Act 1959 (SA) s 102(2); s 102 for defences which mirror those for unregistered vehicles].

It is an offence to exceed the speed limit by 45 kilometres an hour or more [see Road Traffic Act 1961(SA) s 45A(1)].

If a court convicts a person the penalty will be [s 45A(1), (3)]:

An aggravated offence includes where the offender [s 45A(4a)]:

[See also Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA); Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA) reg 5(b); Road Traffic Act 1961(SA) s 45B - police may impose licence disqualification with an expiation notice].

In determining whether an offence is a first or a subsequent offence, a conviction for any previous offence against this section (or s 46 (reckless and dangerous driving)) will be taken into account if it was committed within 5 years of the current offence [Road Traffic Act 1961 (SA) s 45A(4)].

The police may give a person a notice of licence disqualification or suspension when they issue an expiation notice for an offence against section 45A (or pursuant to section 79B to the owner of a motor vehicle), or where the officer reasonably believes that a person has committed the section 45A offence [s 45B(1)]. This can be an instant loss of licence. Where a court convicts the person of an offence in relation to which the notice was given, or another offence arising from the same course of conduct, and a mandatory minimum period of disqualification is prescribed for that offence, the court must order that disqualification. In determining the period of disqualification the court must take into account the period of disqualification that applied to the person as a result of the notice, and it may impose a period less than the mandatory period [s 45B(7)].

It is an offence to drive without due care or attention or without reasonable consideration for other road users [Road Traffic Act 1961 (SA) s 45(1)]. As no penalty is stated for a basic offence, the penalty is a fine of up to $2,500 [s 164A(2)] and 3 demerit points [Motor Vehicles Regulations 2010 (SA) Sch 4 pt 1(1)]. In addition, a licence disqualification penalty may apply [see s 168; Thomas v Police (2010) 55 MVR 76; [2010] SASC 18]. This offence is not expiable.

The maximum penalty for an aggravated offence is 12 months imprisonment and a licence disqualification of at least 6 months [s 45(2)]. The 6-month disqualification is not mandatory if the aggravating circumstances were that the offence caused harm to a person if that harm fell short of serious harm [s 45(2a)].

Pursuant to s 45(3), an aggravated offence includes where the offender:

As a person who has been in any way negligent in the driving of a motor vehicle may be charged with this offence, it is often used as an alternative to a specific offence, such as failing to signal an intention to turn or changing lanes at a time when it is dangerous to do so.

It is an offence to misuse a motor vehicle in a public place by taking part in any form of race, speed trial, vehicle pursuit or competitive trial. It is an offence to sustain a wheel spin in a public place, cause engine or tyre noise in a public place, or both, where it is likely to disturb persons in the vicinity. It is an offence to drive onto an area of park or garden (whether public or private) or a road-related area in a manner so as to break up the ground surface or cause other damage [see Road Traffic Act 1961 (SA) s 44B(1); Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA); Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA) reg 5(b)]. As no penalty is stated for the offence, the penalty is a fine of up to $2,500 [see Road Traffic Act 1961 (SA) s 164A(2)]. In addition, a licence disqualification penalty could apply [see s 168].