Migrant who twice failed his driving test killed OAP in crash thanks to loophole
A coroner has raised alarm over a loophole allowing foreign drivers to stay on Britain's roads without L-plates - after a man who failed his UK test twice killed a pensioner in a crash.
Timothy Kusemi had a provisional licence when he caused the death of Susan Whittles, 70, at a rural junction in East Yorkshire on November 24, 2023, an inquest heard.
The case has sparked questions over why overseas drivers can continue driving unsupervised despite repeated test failures - rules that do not apply to unaccompanied British learners.
Kusemi, a Nigerian national, had already failed his British driving test twice before the fatal smash - but was still legally allowed behind the wheel.
He went on to fail a further four times after Ms Whittles' death before finally passing on March 21, 2025 - two years and six months after becoming a UK resident.
Coroner Lorraine Harris said it was "noted that he [Kusemi] continued to drive beyond the 12-month limit on his national licence despite those failures".
Government guidance allows people from countries where driving standards are not considered equivalent to the UK, including Nigeria, to drive for up to a year after becoming a resident while they obtain a British licence.
But Ms Harris warned the system creates a stark contrast with UK learners, who must be supervised and display L plates.
In a Prevention of Future Deaths report, she said: "nationals of non-designated countries who fail a GB driving test are not treated in the same way as a GB resident who fails a GB driving test".
She added: "A GB resident is not allowed to drive without appropriate supervision and when they are driving they must display L plates to act as a warning to other vehicles of their inexperience,"
The coroner added that foreign nationals can fail "any number" of tests within their first year in the UK and still continue driving.
It means they can stay on the roads "despite not meeting the safety standards set by the DVSA", she said.
Ms Harris warned the situation has "the potential to cause a risk of serious injury or harm to other road users".
She also raised concern there "appears no provision for an examiner to withdraw the ability to drive without appropriate supervision despite a person's failure to meet the required standards".
Kusemi, then 41, of Lower Bedford Road, London, admitted causing death by dangerous driving and serious injury by dangerous driving on February 23.
He was jailed for six years and banned from driving for 11 years.
Following the case, Ms Harris has written to the Department for Transport and the Driver and Vehicle Standards Agency (DVSA) urging them to review the rules.
The Department for Transport must respond to the report by May 26.
A spokesperson said: "Every death on our roads is a tragedy, and our thoughts are with Susan's family and loved ones.
"We will carefully review the coroner's findings from this tragic case to determine whether changes may be required."