CUTS International, a prominent public policy think tank, has urged the Driver and Vehicle Licensing Authority (DVLA) to immediately suspend its escalating 'delinquency' charges. These fees are imposed on individuals renewing or replacing driver's licenses after their expiry date. The think tank contends these charges lack a clear legal basis and are unfair to the public.
Under the DVLA's 2026 Summary of Licensing and Other Activity Rates, the standard renewal fee before expiry is GHS 127.00. This amount significantly increases based on the duration of expiry. For licenses expired between one day and six months, the fee rises to GHS 204.25. It further escalates to GHS 279.25 for seven to twelve months, GHS 315.25 for up to two years, GHS 352.25 for up to four years, and a maximum of GHS 404.25 for licenses expired beyond four years. Similar escalating charges apply to the replacement of expired licenses.
This issue fits into a broader discussion about public sector accountability and the transparency of administrative fees in Ghana. Citizens frequently express concerns about the justification and calculation of various government charges. The call by CUTS International underscores the need for public institutions to operate strictly within the confines of established laws and regulations. This situation could impact public trust in government agencies and potentially lead to legal challenges if not addressed promptly.
Appiah Kusi Adomako, Esq., Director of the West Africa Regional Centre of CUTS International, stated the DVLA must provide the exact statutory instrument and approved fee item authorizing each amount. He emphasized that public power must rest on law. Mr. Adomako added that if the Authority cannot point to a clear legal basis for each charge, it must stop collecting the money. He also suggested the DVLA should refund affected license holders.
The Road Traffic Regulations, 2026 (L.I. 2519), specifically Regulation 46(1), states a driver's license 'may' be renewed within one month before expiry. Regulation 46(2) addresses renewal after expiry, noting it takes effect from the earlier expiry date unless the Authority permits otherwise for good cause. The law also creates an offense for failing to renew, making a person liable to a fine of not less than five penalty units and not more than twenty-five penalty units, or up to thirty days imprisonment, or both. These legal provisions empower the Ghana Police and courts to enforce penalties for driving with an expired license, not the DVLA to impose automatic 'delinquency' charges.
CUTS International argues that the DVLA's automatic and escalating charges are unlawful and ultra vires, meaning beyond its legal power. The organization highlights that the law uses 'may' for renewal, not 'shall,' indicating flexibility. Imposing a fine for late renewal without proof of driving with an expired license is seen as the DVLA misinterpreting the law. The think tank asserts that unless there is evidence a person with an expired license was caught driving, the regulator cannot charge a delinquency fee. The Ninth Schedule to the LI provides for automated road traffic offenses, which implies evidential proof is needed for an offense.
The distinction between a renewal fee and a penalty is crucial. If these amounts are penalties, CUTS demands the DVLA explain the legal process allowing an administrative system to impose them without proof of driving during the expiry period, without a hearing, and without a court finding. Mr. Adomako clarified that CUTS does not encourage driving with an expired license. He stressed their concern is the DVLA presuming every person with an expired license continued to drive and then imposing an automatic escalating charge without legal and factual basis. The absence of a clear legal basis means the DVLA must cease these charges and initiate refunds to those who have paid them.
A person may hold a Ghanaian driver's license without owning a vehicle or driving regularly. For example, someone studying or working abroad for several years might have their license expire without driving in Ghana. When they return, the DVLA's current schedule places them in the highest delinquency bracket, charging them more simply because time passed. This scenario illustrates the perceived unfairness and lack of consideration for individual circumstances in the current fee structure.