A recent statement by the Driver and Vehicle Licensing Authority (DVLA) has sparked controversy, with many questioning its policy on delinquency charges for late renewal and replacement of driver's licences. According to Appiah Kusi Adomako, a lawyer and contributor to Joy FM, the DVLA's stance that a driver's licence should never be allowed to expire is unrealistic and overlooks various circumstances. He argues that merely holding an expired licence does not constitute a crime, but rather becomes an offence when one drives with an expired licence.
The DVLA's policy has been criticized for not taking into account situations where individuals may not be able to renew their licences on time. For instance, professionals such as pharmacists, surveyors, doctors, lawyers, architects, and dentists may have expired licences but not intend to practice, and therefore do not renew them. Similarly, individuals who serve as Members of Parliament, police officers, or soldiers may have expired licences due to their deployments abroad. Adomako questions whether these individuals should be treated as delinquents.
The issue has been further complicated by various scenarios where individuals face delinquency charges despite not driving with an expired licence. For example, a student who obtains a licence but cannot afford a car after graduation may face charges when they eventually buy a car and try to renew their licence. A Church of Pentecost pastor assigned to lead a mission in Australia may also face charges when they return to Ghana and try to renew their licence. Adomako argues that these scenarios demonstrate the need for a more nuanced approach.
Adomako also highlights the case of a licence holder who experienced a four-year delay in renewing their licence due to DVLA's own inefficiencies. The individual had applied for a renewal at the Kumasi office in 2022, but faced repeated requests for biometrics and temporary licence extensions. When the permanent card was finally ready, the individual was shocked to be charged a delinquency fee. Adomako questions how an applicant can become "delinquent" while following DVLA's instructions.
The controversy surrounding DVLA's delinquency charges has raised concerns about road safety and the fairness of the policy. While the law requires drivers to renew their licences and meet applicable health and licensing requirements before using the road, Adomako argues that expiry alone is a poor measure of road use, fault, or risk. He cites Regulation 46(1) of the Road Traffic Regulations, 2026 (L.I. 2519), which provides that a driver's licence "may" be renewed within one month before it expires.
Adomako's criticism of DVLA's policy has sparked a necessary conversation about the need for a more nuanced approach to delinquency charges. The various scenarios highlighted demonstrate that a blanket policy may not be effective in ensuring road safety. Rather, a more tailored approach that takes into account individual circumstances may be more effective. The DVLA has yet to respond to Adomako's criticisms, but the issue is likely to continue to be debated.
The issue has implications for many Ghanaians who may have expired licences but are not intending to drive. As Adomako notes, a returning driver must renew and meet the applicable health and licensing requirements before using the road. However, the policy should not unfairly penalize individuals who are not driving or are unable to renew their licences on time. The conversation is likely to continue, with many calling for a review of DVLA's policy on delinquency charges.
Key points
- The DVLA's policy on delinquency charges has sparked controversy, with many questioning its fairness and effectiveness.
- Appiah Kusi Adomako argues that merely holding an expired licence does not constitute a crime, but rather becomes an offence when one drives with an expired licence.
- The issue has implications for many Ghanaians who may have expired licences but are not intending to drive.
