Thousands of motorists using foreign licences on British roads are not being tracked – and even if they fail a UK driving test, they can legally keep on driving. After that, they must pass a UK driving test. Advertisement AdvertisementAdvertisement Advertisement"Once again law-abiding British drivers are being swamped with onerous, expensive regulations while foreign drivers take the mickey. During that year, migrant motorists can fail the British driving test as many times as they like and still lawfully continue driving because they still hold a valid foreign licence. In an official report, she said foreign nationals who fail a British test "are not treated in the same way" as British residents who fail.