CUTS International, Accra, has challenged the legality of the escalating “delinquency” charges imposed by the Driver and Vehicle Licensing Authority (DVLA) on motorists who renew their driving licences after expiry.
The public policy think tank says the DVLA cannot assume that every person whose licence has expired continued to drive during the period of expiry.
CUTS is therefore calling on the Authority to suspend the charges until it publicly explains the legal basis, approval process and formula used to determine the various amounts.
It is also demanding refunds for motorists who have already paid the charges if the DVLA is unable to establish a clear legal basis for collecting them.
Under the DVLA’s 2026 licensing rates, renewing a standard driving licence before it expires costs GH¢127. However, the amount rises to GH¢204.25 when renewal takes place between one day and six months after expiry.
The charge increases further to GH¢279.25 for seven to 12 months, GH¢315.25 for delays of up to two years, GH¢352.25 for up to four years and GH¢404.25 when a licence has been expired for more than four years.
CUTS argues that the increasing charges require clear legal justification because allowing a driving licence to expire is not necessarily the same as driving without a valid licence.
According to the organisation, a person may allow a licence to expire while living abroad, studying, dealing with personal circumstances or simply not driving.
“The DVLA must show Ghanaians the law, the approved fee schedule and the formula behind every cedi it collects as a delinquency charge,” said Appiah Kusi Adomako, Director of the West Africa Regional Centre of CUTS International.
“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.”
CUTS says its concerns are partly based on its interpretation of Regulation 46 of the Road Traffic Regulations, 2026, L.I. 2519.
The organisation points out that Regulation 46(1) states that a driving licence “may” be renewed within one month before its expiry, while Regulation 46(2) expressly makes provision for the renewal of a licence after it has expired.
It also draws attention to Regulation 46(8), which creates an offence for failure to renew a licence as prescribed and provides for sanctions following summary conviction, including fines ranging from five to 25 penalty units, imprisonment of up to 30 days, or both.
CUTS argues that where the law creates an offence that requires enforcement and conviction, the DVLA must explain the legal basis for imposing a separate automatic charge at the point of renewal.
The organisation wants the DVLA to clarify whether the escalating amounts are renewal fees, administrative penalties or another form of charge.
It says the distinction is important because if the charges effectively serve as punishment, questions arise over how they can be imposed without establishing that the individual actually drove during the period their licence was expired.
“CUTS is not encouraging anyone to drive with an expired licence. Driving without a valid licence must attract lawful enforcement,” Mr Adomako said.
“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.”
CUTS cited the example of a Ghanaian who spends five years abroad pursuing a PhD or working, during which time their Ghanaian driving licence expires.
Such a person, the organisation argues, could return to Ghana and be placed in the highest delinquency bracket despite potentially not having driven on Ghanaian roads throughout the entire period.
The think tank believes the regulatory system should distinguish between an expired licence and the separate offence of driving without a valid licence.
It also objects to the term “delinquency”, arguing that it suggests wrongdoing before the circumstances surrounding the expired licence have been established.
CUTS is proposing that the DVLA use a more neutral description, such as “renewal after expiry”, and establish clear waiver or exemption criteria for motorists who can demonstrate that they did not use their licences during the period of expiry.
The organisation has also raised concerns about possible double punishment.
It says a motorist who is prosecuted and fined by a court for driving with an expired licence could still be required to pay the escalating DVLA charge when renewing the licence, with the charge reportedly generated automatically.
CUTS is therefore asking the DVLA and the Ghana Police Service to clarify their respective enforcement responsibilities, including which institution investigates cases of driving without a valid licence, who initiates prosecution and under what circumstances the DVLA can impose an administrative charge.
The think tank has also questioned a separate GH¢181 charge for amending licence holders’ electronic records.
It argues that charging motorists to update basic information such as telephone numbers or addresses could discourage them from keeping DVLA records accurate.
According to CUTS, basic changes should either be free or attract only a modest cost-based fee where the amendment requires the production of a new physical card.
The broader issue, CUTS says, is the extent to which a public regulator can rely on administrative charges to encourage compliance.
While the DVLA needs internally generated funds to provide licensing services, the organisation insists that revenue considerations cannot override the need for charges to be legally authorised, transparent and proportionate.
CUTS is consequently calling on Parliament to conduct an urgent inquiry into the legality, approval and administration of the DVLA’s escalating charges.
Such an inquiry, it argues, could provide clarity on whether the current system is primarily a fee for a service or a penalty for conduct that ordinarily requires proof and lawful enforcement.
At the heart of the controversy is a simple question: Does an expired driving licence prove that the holder continued to drive unlawfully?
CUTS says it does not, and insists that motorists should not automatically be treated as offenders simply because they returned late to renew an expired document.
