The Driver and Vehicle Licensing Authority (DVLA) in Ghana has come under fire from consumer advocacy group CUTS for imposing charges on drivers whose licences have expired, even if they never drove during the lapse. CUTS argues that Ghana's traffic law only punishes people caught driving with an expired licence, not those who simply hold one that has lapsed. This dispute may affect thousands of Ghanaians who have let their licence renewals pass their deadline.

According to CUTS, the DVLA's penalty, called a "delinquency charge," is imposed on Ghanaians who renew or replace their licences late. The consumer group first raised concerns about the charges six weeks ago, arguing that the DVLA treats every expired-licence holder as an offender, regardless of whether they had actually driven during the lapse. In response, the DVLA issued a release stating that licence holders are responsible for keeping their licence active at all times.

Appiah Adomako, in an op-ed published on MyJoyOnline, argues that the DVLA's position is not backed by law. He cites Regulation 46(8) of the Road Traffic Regulations, 2026 (LI 2519), which makes it an offence to drive with an expired licence, not to simply hold an expired one. Adomako also notes that Regulation 46(1) of the same law says a licence "may" be renewed within one month before expiry, which he believes does not make early renewal compulsory.

The op-ed lists various Ghanaians who could be caught by the charge despite never having driven on an expired licence, including soldiers and police officers on overseas peacekeeping missions, diplomats posted abroad, and people with legitimate reasons for not driving during the lapse. The dispute potentially affects any of the thousands of Ghanaians who have let a renewal pass its deadline, whether or not they got behind the wheel during that time.

CUTS is calling on Parliament to review how the DVLA applies LI 2512 alongside LI 2519 and to require the authority to publish the legal basis for each charge. The group also wants the DVLA to set out how it treats people with legitimate reasons for late renewal and create a channel for contesting wrongly applied fees. However, there is no indication that Parliament has scheduled a hearing or review on the matter.

The DVLA's position that a licence should never be allowed to expire stands alongside CUTS' argument that the law only criminalises driving with an expired one. This leaves Ghanaians who let their renewals lapse without a clear answer on whether they owe a delinquency fee. The disagreement centres on the interpretation of Ghana's traffic law and the DVLA's fee structure.

The consumer group, CUTS, is the Ghanaian chapter of Consumers International. The dispute highlights the need for clarity on the laws and regulations surrounding driving licences in Ghana. Key points include the need for the DVLA to provide a clear legal basis for its charges and for Parliament to review the application of the laws.

Key points

  • CUTS disputes DVLA's charges on expired driving licences, citing Ghana's traffic law.
  • The dispute may affect thousands of Ghanaians who have let their licence renewals pass their deadline.
  • CUTS is calling on Parliament to review the DVLA's application of the laws and require the authority to publish the legal basis for its charges.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.