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, but rather becomes an offence when one drives with an expired licence. This stance is supported by 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 must ensure their licences are active at all times. However, critics argue that this overlooks circumstances where individuals cannot renew on time or have no reason to drive. For instance, professionals with expired licences may not have renewed them as they do not intend to practice.
Various scenarios illustrate the challenges posed by the DVLA's delinquency charges. A former Member of Parliament who uses a chauffeur for 12 years and later decides to drive again may face charges for the years they did not drive. Similarly, a 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 to delinquency charges.
The DVLA's programme to help tertiary students learn to drive and obtain licences on campus also raises questions. A student who qualifies for a licence but cannot afford a car after graduation may face delinquency charges when they eventually buy a car and renew their licence. Other examples include a Church of Pentecost pastor assigned to lead a mission abroad, a pregnant woman advised not to drive, and individuals who travel abroad or suffer from medical conditions that prevent them from driving.
Critics argue that the DVLA's approach may unfairly penalize individuals who are not driving or have valid reasons for not renewing their licences. The examples demonstrate that expiry alone is a poor measure of road use, fault, or risk. Regulation 46(1) of the Road Traffic Regulations, 2026 (L.I. 2519) provides that a driver's licence "may" be renewed within one month before it expires, indicating that renewal before expiry is not mandatory.
The law requires careful distinctions, and Regulation 46(8) of L.I. 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. The DVLA's use of this term and imposition of charges have sparked concerns about fairness and due process.
One licence holder's experience highlights the challenges posed by the DVLA's system. After spending a year abroad, the individual applied to renew their expired licence at the DVLA's Kumasi office in 2022. Despite repeated extensions of their temporary licence and compliance with DVLA's requests, they were eventually required to pay a delinquency charge when their permanent card was ready.
Key points
- The DVLA's delinquency charges for expired licences have sparked concerns about fairness and due process.
- Critics argue that expiry alone is a poor measure of road use, fault, or risk.
- The law requires careful distinctions in the application of delinquency charges.
