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Driving entitlement after an accident: when medical fitness is reviewed
Driving entitlement after an accident: when specific concerns justify an official medical assessment and which records matter under section 24(4) FSG.
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Law firm in Salzburg
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7 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A traffic accident does not automatically lead to a new official medical examination or restriction of the driving entitlement. The authority needs specific concerns about continuing medical fitness. Section 24(4) FSG then requires an official medical assessment.
Separate fault for the accident from the medical procedure. The police record, medical reports and authority order have different functions. The decisive question is which facts the authority relies on as fitness concerns.
The accident alone does not prove lack of fitness
The accident alone does not prove lack of fitness
Section 24(4) FSG requires an official medical assessment where concerns exist about continuing medical fitness. The provision needs a factual reason and does not order an examination after every accident.
On 17 December 2002, case 2001/11/0051, the Administrative Court held that fault for an accident may justify review but does not by itself prove deterioration in health.
Procedural filter
What the accident does not answer automatically
Fault, medical fitness and competence are separate levels.
| Level | Question | Record |
|---|---|---|
| Accident | What actually happened? | police and accident records |
| Health | Which specific concerns exist? | order and assessment |
| Competence | Was a new driving test ordered? | operative part and reasons |
One level must not simply be inferred from another.
Medical and professional competence concerns are separate
Medical and professional competence concerns are separate
Section 24(4) distinguishes medical concerns from doubts about professional driving competence. Health is assessed under section 8 FSG. Competence concerns may lead to an assessment under section 10 and a further driving test.
Read which alternative the order actually identifies. Our guide to separate proceedings and files helps classify the accident records.
The authority must identify the concern
The authority must identify the concern
An examination order should show which facts support the concern and which examination or reports are required. A general reference to the accident does not explain its connection with fitness to drive.
Our guide to the medical examination order explains the deadline and requested records.
The assessment addresses current fitness
The assessment addresses current fitness
Section 8(3) FSG distinguishes fit, conditionally fit, restricted fit and unfit. The assessment may identify time limits, conditions, periodic examinations or restrictions. The authority decision must relate to the actual medical conclusion.
The glossary entry on official medical assessment explains why an individual report is not the same as the final assessment.
Failure to comply has a separate consequence
Failure to comply has a separate consequence
Failure to comply with a final examination order within the stated period may lead under section 24(4) FSG to withdrawal until compliance. The exact acts ordered and evidence of examination and reports require separate review.
An appointment alone may not prove complete compliance. The medical assessment focus area explains the document route.
The file needs medical and procedural order
The file needs medical and procedural order
Keep the accident records, initial treatment, later reports and authority correspondence in separate groups. Preserve medical records without replacing them with personal interpretations.
The medical assessment check neutrally records the available documents.
Document check
Which basis for the fitness review is available?
The check organises the order, concerns and reports.
Already know you want to get in touch? Go straight to the enquiry form.
Is the examination order complete?
All paths at a glance
Overview of all answers.
Open the medical assessment focus area →
The specific fitness concerns are not identifiable.
Compare the reasons with the examination requested.
Reports or submission records are missing.
List every required item of evidence.
The records are organised for review.
Have the reason, assessment and possible consequence reviewed together.
Keep these records in the fitness file
Keep these records in the fitness file
- complete examination order and proof of service
- police report or accident record
- initial medical treatment records
- expressly requested specialist reports
- earlier relevant assessments or conditions
- appointment confirmation and submission receipts
- later authority decision and register information
The initial review checklist supports the completeness check.
Related guidance and checks
Separate the accident from the fitness review
FAQ
Frequently asked questions after an accident
Does every accident lead to an official medical examination? +
No. Section 24(4) FSG requires specific concerns about medical fitness.
Does fault for the accident prove lack of fitness? +
No. It may justify review but does not by itself prove deterioration in health.
What if a final examination order is not complied with? +
The entitlement may be withdrawn until compliance. The exact content of the order is decisive.
Topics
Driving licence lawTraffic accidentMedical fitnessOfficial doctorFSG
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