Abraham Amaliba, the Acting Director-General of the National Road Safety Authority (NRSA), has addressed the heated discussions regarding the minimum age for commercial motorcycle operators, popularly known as ‘Okada’ in Ghana.
In an interview, Mr. Amaliba elaborated on the legal aspects of the age requirements and highlighted the ongoing discussions by the Driver and Vehicle Licensing Authority (DVLA) aimed at re-evaluating this law
“That’s for the DVLA. So, the age for riding a motorbike is also 18, but the age for riding a motorbike for commercial purposes is 25. However, we reckon that that age, 25, is way too high,” he explained, highlighting the legal complexity involved in revising the current law.
Amaliba emphasized that the current regulation is based on a parent act, which binds subsidiary legislation — known as Legislative Instruments (LIs)—from setting a lower threshold unless the original law is amended.
“What we are dealing with now, and you are talking to me about, is a subsidiary legislation, which is called an LI. We cannot give a lower age than the Parent Act says, so, we have to put it at 25,” he clarified.
He further added that although the NRSA recognizes the concerns raised by the public and stakeholders, they are bound by legal limitations. Nonetheless, he assured that change is on the horizon.
“However, I am aware that DVLA is taking steps to amend the 25 years age to 21. We cannot wait for that amendment to be done before we pass our current law. So, that’s the situation,” he said in an interview on Starr FM.
Amaliba emphasised that maintaining legal coherence is crucial, pointing out that changing the law through improper channels would make it null and void.
“By the Parent Act, you can’t use a lesser law to amend a higher law, so, that’s why we couldn’t do that. We would have done it straight ahead by saying that Okada riders can start driving at 14 or 15 or 16. But if we did that, it would go against the Parent Act,” he explained.
He wrapped up by stating his firm belief in reducing the age requirement and aligning Ghana’s laws with global standards.
“The best practice all over the world is 21 years and 18 years. So, we would choose one of it. But I am in support of reducing it to 18 years, and that will also include commercial drivers, as in driving cars for commercial purposes,” he added.