Reply received from DVLA:
Thank you for your recent communication regarding the legislative requirements for taking a driving test, with the appropriate licence and the requirement for acceptable forms of identity in support of a driving licence application.
With regard to your first point Section 97(1)(a) & (b) of The Road Traffic Act 1988 (RTA) refers to the granting of licences, their form and duration. It is this section of the RTA, which allows the Secretary of State (in practice DVLA) to specify what documentation is acceptable as evidence of identity.
I should emphasise that the Agency's identity checking procedures are not intended to be discriminatory but our current procedures have been determined by the original procedures that we implemented when the Agency began to issue photocard licences in 1998. At that time we accepted many forms of identity documentation, including non-UK issued birth certificates, however the integrity of the driver database was at risk of being undermined by an ever increasing number of falsified identity documents and counterfeit birth certificates.
Following a security review DVLA ceased to accept non-UK birth certificates in 2003, as the DVLA was unable to determine the authenticity of these documents. In the case of UK Birth Certificates and the earlier Certificate of Registry of Birth the DVLA can liase with the General Register Office, the issuing authority, to determine the authenticity of suspect UK Birth Certificates.
I've checked the act referred to, and it does indeed state that documentation should be provided as the Secretary of State may require (powers delegated by said SoS to DVLA).
http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_4.htm#mdiv97Reply continues:
As to your second point regarding a reference for clarification it is Section 38(10) of the Motor Vehicles (Driving Licences) Regulations 1999, that determines the validity of a "appropriate licence" for a driving test.
The reason that a US full licence is not acceptable for the purpose of sitting a UK driving test is that US full licences do not show the required Provisional Category Entitlement that would allow the licence holder to sit a driving test in the UK, hence the requirement for the holder of a US full licence to apply for a UK provisional licence.
Section 38(10) says:
(10) In this regulation and regulation 39 -
"appropriate licence" means a licence, other than an excepted provisional licence, which -
(a) is valid at the date of the test,
(b) bears the signature of the person who has submitted himself for the test, and
(c) is either -
(i) a provisional licence authorising the person submitting himself for the test to drive motor vehicles of the same class as the vehicle which he has provided for the test, or
(ii) a full licence which by virtue of section 98 of the Traffic Act and regulation 19, authorises that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence, or
http://www.opsi.gov.uk/si/si1999/19992864.htm#38Now,
The Motor Vehicles (Driving Licences) Regulations 1987 section 25 specifies that for a period of 12 months your U.S. license conveys the same authority to drive here as a U.K. full license. As far as I can see DVLA's argument, therefore, they're saying that because your U.S. license doesn't place the same restrictions upon your driving as a U.K. provisional license ("L" plates, licensed driver with you etc.) that it's not valid for the test.
If that's really the case, then it's ridiculous. They're saying that a license which conveys greater authority is not acceptable in a situation which only requires one granting lesser authority.
I've sent an e-mail back asking for confirmation. I've also asked if DVLA has petitioned for this clearly non-sensical regulation to be revised if my interpretation is correct. That should stir things up a little!
P.S. I've also asked why they refuse to verify passports at regional centers and insist on them being sent to Swansea.
