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CUTS calls on DVLA to suspend ‘delinquency’ charges on expired licences

2026-08-08 08:50:00
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The Driver and Vehicle Licensing Authority (DVLA) has been challenged to disclose the legal basis, approval process and calculation used to impose escalating “delinquency” charges on Ghanaians who renew or replace their driver’s licences after expiry.

CUTS International, a public policy think tank, says it has found no clear legal basis for the charges in the Road Traffic Regulations, 2012 (L.I. 2180) and is therefore calling on the DVLA to suspend their collection

In a press release dated August 9, 2026, and signed by Appiah Kusi Adomako, Director of the West Africa Regional Centre of CUTS International, Accra, the organisation demanded that the charges be suspended until the DVLA publicly explains the precise legal authority, approval process and formula used to determine the amounts.

Under the DVLA’s Summary of Licensing and Other Activity Rates for 2026, the standard fee for renewing a driver’s licence before its expiry is GH¢127.00.

However, the amount increases to GH¢204.25 when the licence has expired for between one day and six months. It rises further to GH¢279.25 for expiry periods of seven to 12 months, GH¢315.25 for up to two years, GH¢352.25 for up to four years and GH¢404.25 for licences that have been expired for more than four years.

 

The schedule also applies similar escalating charges to the replacement of an expired driver’s licence.

CUTS International argues that the automatic nature of the charges, coupled with their progressive increases, makes the system unfair, opaque and potentially open to abuse unless the DVLA can identify the specific statutory instrument and approved fee item authorising each charge.

“The DVLA must show Ghanaians the law, the approved fee schedule and the formula behind every cedi it collects as a delinquency charge. Public power must rest on law. If the Authority cannot point to a clear legal basis for each charge, it must stop collecting the money and refund affected licence holders,” Mr Adomako said.

The organisation cited Regulation 33(1) of the Road Traffic Regulations, 2012 (L.I. 2180), which provides that a driver’s licence “may” be renewed within one month before its expiry.

Regulation 33(2), it noted, expressly provides for renewal after the licence has expired, indicating that the law anticipates circumstances in which drivers may renew their licences after the expiry date.

L.I. 2180 also creates an offence for failure to renew a driver’s licence as prescribed. Regulation 33(9) states that a person who fails to renew a driver’s licence as prescribed commits an offence and is liable, upon summary conviction, to a fine of not less than 10 penalty units and not more than 25 penalty units, or imprisonment for not more than 30 days, or both.

According to CUTS International, the law therefore provides for enforcement through the appropriate authorities and the courts, raising questions about the legal basis for a separate automatic “delinquency” charge imposed at the DVLA when a person seeks to renew an expired licence.

The organisation argues that the use of the word “may” rather than “shall” in the regulations reflects the intention of the lawmakers. It maintains that failure to renew a licence only becomes a punishable offence in circumstances where a person drives without a valid licence, rather than simply because the licence has expired.

CUTS therefore contends that imposing an additional fine for late renewal could amount to the DVLA acting beyond its legal authority.

It argues that such a practice would effectively require the DVLA to interpret “may” as “shall”, something it says a public authority cannot do without clear statutory authority.

CUTS International is consequently asking the DVLA to clarify whether the escalating charges are renewal fees approved under the applicable Fees and Charges legislation, administrative penalties or another category of charge.

The organisation says the distinction is important because, if the amounts constitute penalties, the DVLA must explain the legal process that allows it to impose them administratively without establishing that the person drove during the period in which the licence was expired, providing an opportunity for a hearing or obtaining a court finding.

“CUTS is not encouraging anyone to drive with an expired licence. Driving without a valid licence must attract lawful enforcement. Our concern is different: the DVLA should not presume that every person with an expired licence continued to drive, then impose an automatic escalating charge without first establishing the legal and factual basis,” Mr Adomako said.

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