There are a number of situations in relation to driving in which it is an offence not to truthfully answer questions asked by a police officer.

Must assist in identifying driver of a vehicle

A person must answer any question that would help to identify the driver of a motor vehicle [Motor Vehicles Act 1959 (SA) s 137(b)].

Maximum penalty: $750

Police questions about drivers etc.

The police may ask a person questions about the identification of any person who was driving a vehicle on a particular occasion or time, or about the owner of a vehicle at a particular time [Summary Offences Act 1953 (SA) s 74AB(1)].

A person who refuses or fails to answer these questions without reasonable excuse, or gives an answer that is false or misleading, is guilty of an offence [Summary Offences Act 1953 (SA) s 74AB(2)].

Maximum penalty: $1,250 or imprisonment for 3 months

When asking questions under s74AB(1) the police officer must comply with a request to identify themselves by either producing their police identification or stating (orally or in writing) their surname, rank and identification number.

Producing licence when requested

A driver must produce their licence when requested by a police officer, either immediately or to a specified police station within 48 hours [Motor Vehicles Act 1959 (SA) s 96].

Direction to give name and other personal details

Any person who is involved in road transport at the time they are approached by police, including a driver, a vehicle owner or someone in charge of a vehicle, must, on request, provide police with their full name, date of birth, the address where they are living, their usual address and their business address [Road Traffic Act 1961(SA) s 40V].