The Centre for Consumer Research and Advocacy (CUTS) has raised concerns about the Driver and Vehicle Licensing Authority's (DVLA) delinquency charges for late renewal and replacement of driver's licences in Ghana. CUTS argues that merely holding an expired licence does not constitute a crime; it only becomes an offence when one drives with an expired licence. This is in line with Regulation 46(8) of the Road Traffic Regulations 2026 LI 2519.
Recently, the DVLA issued a release clarifying delinquency charges on failed renewal of driver's licences. The statement emphasized that drivers should ensure their licences are active at all times. However, CUTS and other stakeholders argue that this overlooks circumstances where individuals cannot renew on time or have no reason to drive. For instance, professionals like pharmacists, surveyors, and doctors may have expired professional practice licences but have not renewed them as they do not intend to practice.
Various scenarios illustrate the challenges with DVLA's current approach. For example, a former Member of Parliament who used a chauffeur during their term may face delinquency charges when they decide to drive again after losing re-election. Similarly, a Ghanaian police officer or soldier deployed on a peacekeeping mission abroad may face charges when they return and renew their licence. These situations highlight the need for a more nuanced approach.
The DVLA's delinquency charges have also been criticized for not accounting for exceptional circumstances. For instance, a pregnant woman advised not to drive due to medical reasons may face charges when she renews her licence after giving birth. A journalist on a scholarship to study abroad may also face charges when they return to Ghana and renew their licence. These cases demonstrate that expiry alone is a poor measure of road use, fault, or risk.
The law requires careful distinctions in such cases. Regulation 46(8) of LI 2519 makes failure to renew as prescribed an offence punishable by a fine or imprisonment. However, the term "delinquency" is not mentioned in the LI. It appears in the Fees and Charges (Miscellaneous Provisions) (Amendment) Regulations, 2025 (L.I. 2512), which outlines fees for state institutions. Critics argue that DVLA's approach needs to reflect these legal nuances.
One licence holder's experience highlights the challenges with DVLA's processes. After spending a year abroad, the person applied to renew their expired licence at DVLA's Kumasi office in 2022. Despite repeated extensions of their temporary licence, it took over four years for DVLA to issue a permanent card. When collected, the applicant was shocked to be charged a delinquency fee, which they reluctantly paid. They now seek a refund and an explanation for the delay.
The controversy surrounding DVLA's delinquency charges has sparked a national conversation about the need for a more balanced approach. Stakeholders argue that the current system unfairly penalizes licence holders who have not driven with an expired licence. As the DVLA continues to clarify its position, many Ghanaians are calling for a more nuanced understanding of the complexities surrounding driver's licence renewals.
Key points
- The DVLA's delinquency charges for expired licences have sparked concerns among stakeholders.
- Critics argue that merely holding an expired licence does not constitute a crime.
- The law requires careful distinctions in cases of licence renewal and delinquency charges.
