Driving Tests
The question
To ask the Secretary of State for Transport, pursuant to the Answer of 23 June 2026 to Question 11486 on Driving Tests, which existing criminal offence may be committed by a person who falsely asserts that they are another person when booking, amending, cancelling or swapping a practical driving test; under which statutory provision that offence arises; and what the maximum penalty is upon conviction.
Answered by Simon Lightwood
The Motor Vehicles (Driving Licences) (Amendment) Regulations 2026 make it against the law for anyone other than the learner to book their driving test. This is a civil law restriction, not a criminal one. Something that is "against the law" is not permitted under the relevant legislation. This is different to something being "illegal", which would constitute a specific criminal offence.
Fraud by false representation, contrary to section 2 of the Fraud Act 2006, may be committed where a person dishonestly makes a false representation that they are another person, intending to make a gain or cause a loss. The maximum penalty on conviction on indictment is 10 years' imprisonment, an unlimited fine, or both. This would only be in a very specific set of circumstances where there is criminal intent, and ‘gain’ is considered significant and prosecution under Fraud Act would be a proportionate action.
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