A coroner has raised serious concerns about a loophole permitting foreign drivers to remain on British roads without L-plates - after a man who twice failed his UK driving test killed a pensioner in a collision.


Timothy Kusemi held only 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 ignited questions over why overseas drivers are permitted to continue driving unsupervised despite repeatedly failing their tests - regulations that do not apply to unaccompanied British learners.


Kusemi, a Nigerian national, had already failed his British driving test twice before the fatal crash - yet remained entirely within the law to sit behind the wheel.


He went on to fail a further four times following Ms Whittles' death before eventually 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".


Under Government guidance, nationals from countries whose driving standards are not deemed equivalent to those in the UK - including Nigeria - are permitted to drive for up to a year after becoming a resident while obtaining a British licence.


However, Ms Harris warned the system creates a glaring disparity with UK learners, who are required to be supervised and display L-plates at all times. In a Prevention of Future Deaths report, she stated: "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 highlighted that foreign nationals can fail "any number" of tests within their first year in the UK while continuing to drive.


This means they can remain on the roads "despite not meeting the safety standards set by the DVSA", she stated.


Ms Harris cautioned the situation has "the potential to cause a risk of serious injury or harm to other road users".


She also expressed 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 sentenced to six years in prison and disqualified 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) calling on them to review the rules.


The Department for Transport must respond to the report by May 26. A spokesperson commented: "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."

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