It is illogical, unfair and on this case completely tragic.
Susan Whittles fell sufferer to a lethal loophole (Picture: Handout/Getty)
There are loopholes, after which there are lacunas. The tragic loss of life of Susan Whittles is the latter. She was killed by Timothy Kusemi, a Nigerian nationwide, at a rural junction in East Yorkshire on November 24, 2023. He was a provisional licence holder, having failed his British take a look at twice. And but as an abroad driver, he was allowed to drive unsupervised and with out ‘L’ plates. This isn’t merely a case of dangerous driving, it’s the inevitable consequence of a authorized absurdity so obvious it will be comical if it weren’t so lethal.
The system successfully advised him: “You’re not ok to move our take a look at, however by no means thoughts, we’ll allow you to keep on regardless.” And so he did. Below present UK legislation, a driver arriving from a “non-designated” nation equivalent to Nigeria can drive on their international licence for as much as 12 months after changing into resident. This is sensible. It permits a interval of adjustment with out forcing rapid paperwork.
However right here is the place the legislation takes go away of its senses. Throughout that 12-month window, that very same driver can apply for a UK provisional licence, take a driving take a look at, fail and but nonetheless proceed driving unsupervised, with out ‘L’ plates no much less, as if nothing had occurred.
Evaluate this to a British learner who fails a take a look at. The motive force is instantly confined to supervised driving with ‘L’ plates firmly hooked up. A international licence holder fails the identical take a look at and easily shrugs, reverts to their authentic international licence, and carries on alone. No supervision. No warning plates. No restriction.
It is a gaping gap within the legislation. It’s inconsistent and indefensible. The legislation is meant to set requirements, not undermine them. A driving take a look at shouldn’t be a field ticking train; it’s the state’s method of claiming: “You’re secure to share the highway.” If somebody fails, the message is equally clear: “You’re not prepared but.” Besides, apparently, in case you arrived from overseas. Then the message turns into muddled to the purpose of being meaningless.
Coroner Lorraine Harris has rightly raised this difficulty in a Prevention of Future Deaths report. She has accomplished what the system ought to have accomplished way back. She has highlighted this doubtlessly deadly authorized absurdity.
Her intervention shouldn’t be merely welcome however nicely overdue. Let’s hope the Division for Transport and the Driver and Automobile Requirements Company takes observe of her critical considerations and evaluations the principles. Officers should reply by Might 26.
This isn’t a technicality. Why ought to a British driver be held to a stricter commonplace than somebody who has demonstrably failed to satisfy that very same commonplace? Why ought to the act of failing a UK driving take a look at carry penalties for one group, however not one other? There isn’t any good reply as a result of there isn’t a cause. It makes completely no sense. This lacuna creates a two-tier system of highway security.
There’s one rule for home drivers, and one other for individuals who can briefly depend on international licences. And it ought to be borne in thoughts that these checks are usually not practically as exacting because the British driving checks. It invitations confusion, encourages complacency, and, as we have now seen, can have catastrophic penalties.
The repair is neither complicated nor controversial. In the event you fail a UK driving take a look at, you shouldn’t be permitted to proceed driving unsupervised regardless of the place your authentic licence was issued. The second you enter the UK testing system, you have to be certain by its final result.
Something much less is a dereliction of responsibility by the state. The legislation prides itself on logic, but that is illogical. It prides itself on equity – that is unfair. And most significantly, the legislation exists to guard the general public. On that measure, it has additionally failed.
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When the legislation fails so visibly, it isn’t only a lacuna. It’s an accident ready to occur. Or, as within the tragic case of Susan Whittles, a deadly accident that did occur.
Nick Freeman, often known as Mr Loophole, is a number one lawyer finest identified for specialising within the defence of site visitors and dashing circumstances in addition to highway security campaigning. Discover him on Instagram @Themrloophole
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