Can a policeman seize my driving licence?

Dear Lawyer, Can a police officer seize my driving licence? Stella Mensah, Kumasi.

Dear Stella, under Ghanaian law, anyone aged 18 or older may apply to the Driver and Vehicle Licensing Authority (DVLA) for a driver’s licence and be issued one.

The licence is a right given to the holder to drive a vehicle within the class of vehicles for which the licence has been issued. By law, the holder is expected to comply with road laws and regulations.

A breach may result in suspension or revocation of the licence, retraining, or a permanent ban from driving on the roads in the country.

While driving or operating a motor vehicle on the road, a police officer in uniform or an authorised DVLA officer may legally stop a driver and request to inspect their driver’s licence and vehicle documents.

However, they cannot arbitrarily seize a driver’s licence; they may do so only under certain conditions. Under current directives, drivers should provide only their licence number immediately for verification rather than the physical card.

Furthermore, regulation 73 of the Road Traffic Regulations 2026 (L.I. 2519) provides that drivers must produce their driver’s licence on request, either immediately or within 24 hours to that officer at a designated police station or to another police officer as the officer directs.

An officer can legally retain or seize a licence only if they have reasonable cause to believe it is fraudulent or tampered with, has been used to commit a criminal offence or if the DVLA has already revoked it.

For example, if you are caught committing a crime with your motor vehicle, a police officer conducting an investigation may request your driver’s licence as an exhibit or to prepare his docket for the court.

In such situations, the request is not meant to permanently deprive you of your licence but to ensure compliance with the law. Moreover, when a police officer has your licence, they should issue you a notice or ticket. This document should clearly state the offence, the date, and the steps you are required to take, such as where and when to report.

Do not leave the officer’s presence without this documentation.

Similarly, if your licence is seized, remain calm and cooperative, politely ask why it was seized, and request any official documentation related to the action.

Next, follow the instructions given. This may involve reporting to a police station, paying a fine, or appearing before a court.

Do not ignore the issue, as failing to comply could lead to further penalties or legal consequences.

If you believe your licence was taken unlawfully, you have the right to challenge the action.

You may report the matter to a higher authority within the Ghana Police Service or seek legal advice to understand your options.

Keeping records of the incident, such as the officer’s name, badge number, location, and any documents given, will help support your case. In conclusion, a police officer in Ghana can retain your driver’s licence in specific situations related to criminal offences, not during routine driving.

However, this must be done lawfully and with proper explanation. As a driver, your best course of action is to cooperate, request documentation, and follow up through the appropriate legal channels.