DVLA Admits No Central Record — Foreign Licence Holders Can Keep Driving After Failing UK Tests

The Driver and Vehicle Licensing Agency (DVLA) has confirmed it holds no central register of foreign nationals driving in the UK under the 12‑month residency exemption. That absence of a record means some people can legally continue driving on overseas licences even after repeatedly failing the UK driving test.

Under current rules, anyone who becomes resident in the UK may use a licence issued in their home country for up to 12 months. After that period they are required to pass a British driving test to obtain a full UK licence. But officials say there is no formal recorded start date for the 12‑month period, so police and authorities cannot reliably determine when the grace period ends for an individual.

The DVLA told reporters it keeps no central tally or estimate of how many foreign drivers are operating under the exemption. That gap has prompted safety concerns and criticism from campaigners, politicians and a coroner following a fatal collision involving a driver who had failed multiple UK tests.

Timothy Kusemi had failed his UK driving test twice, when he caused the death of a pensioner - MEN Media

'Once again law‑abiding British drivers are being swamped with onerous expensive regulations while foreign drivers take the mickey. Transport is broken; only Reform will fix it,' said Richard Tice, deputy leader of Reform UK.

A Department for Transport spokesman said the government is examining options to prevent misuse of the exemption. 'Road safety is a top priority and it is clear no one should be able to continue driving on Britain's roads after failing a driving test,' the spokesman said, adding that any changes would need to be consistent with the UK's international obligations.

Case That Highlighted The Problem

The issue was brought into sharp focus by the case of Timothy Kusemi. The Nigerian national failed his UK driving test twice before a collision in East Yorkshire in 2023 in which 70‑year‑old Susan Whittles, who had right of way, was killed. Kusemi failed additional tests afterwards and only passed in 2025. He was jailed for six years after admitting causing death by dangerous driving.

Coroner Lorraine Harris warned ministers at the Department for Transport that the current arrangements mean foreign nationals who fail a British test 'are not treated in the same way' as British residents who fail, and said more people could die unless the law is changed.

Susan Whittles, 70, died in a road collision in Yorkshire in 2023 - MEN Media

What The Data Shows

While the DVLA does not record all foreign licence holders, it does track licences exchanged from a list of approved countries whose driving standards are considered comparable to the UK. Between 2021 and May 2026 a total of 640,851 licences were swapped — an average of more than 128,000 a year. Hong Kong led the exchanges with 82,428 swaps, and swaps from Zimbabwe rose from 1,277 in 2021 to 17,004 in 2024.

The DVLA also admitted it does not know how many licence‑exchange applications have been refused. With no central register of foreign‑licence drivers using the 12‑month exemption, there is no straightforward way to establish how many people are legally driving after failing UK tests.

What’s next: The Department for Transport says it is 'actively looking into what changes could be made' to close the loophole, but any reforms will need to balance road safety with the UK's international commitments.