Driving instructor authorisation and driving licence withdrawal: review the requirements separately

The driving licence documents the driving entitlement. The driving instructor authorisation concerns the power to provide practical instruction at a driving school. Each area has its own statutory points of reference and may be documented by different decisions or records.

A withdrawal decision under the FSG shows the scope of the authority measure against the driving entitlement. It does not replace the review of the KFG requirements. In the same way, an instructor card by itself does not show that a withdrawn or restricted driving entitlement may still be used.

Under section 116(1) KFG 1967, a driving instructor authorisation may be granted only to persons who meet the requirements in section 109(1)(b) and (g). They must also complete the prescribed training modules, provide the required evidence and pass the teaching qualification examination under section 118 KFG.

Section 109(1)(b) requires trustworthiness. Section 109(1)(g) connects the authorisation to the vehicle classes for which learners are to be trained. It refers, among other requirements, to holding a driving entitlement for those classes for at least three years, actual driving practice and further training requirements. It also excludes a conviction for serious breaches of vehicle or road traffic rules.

The individual review must therefore identify the classes covered by the instructor authorisation, the driving entitlement affected and the facts on which any withdrawal is based. The statutory provisions provide the review framework. They do not replace access to the actual authority file.

Under section 24 FSG, the authority must withdraw or restrict a driving entitlement when the requirements for granting it are no longer met. The authority must take road safety requirements into account. The decision may concern particular classes only.

A withdrawal decision must state its duration under section 25 FSG. Section 25(3) provides for a minimum period of three months where the withdrawal is based on a lack of traffic reliability under section 7 FSG. The operative part, reasons and findings of the investigation in the individual decision remain decisive.

Transfer the scope and duration directly from the original document. A withdrawal of individual classes, a restriction or another order must not be turned into a blanket statement about every teaching activity.

If the withdrawal concerns a class for which instruction is to be provided, it touches a requirement in section 109(1)(g) KFG. This creates a concrete review point for the instructor authorisation. The exact legal consequence can be determined only from the scope of the authorisation, the withdrawal decision and any separate decision concerning the authorisation.

Section 117(3) KFG 1967 provides that the instructor card must be returned to the district administrative authority without delay if the authorisation to provide practical instruction is lost. That duty presupposes a loss of the instructor authorisation. It does not by itself answer whether a particular driving licence withdrawal causes that loss.

Create one page for the driving entitlement: authority, service, classes concerned, start and end of the measure, reasons and notice on legal remedies. On a second page record the instructor authorisation, instructor card, authorised classes and every letter from the district administrative authority.

Then mark whether an authority expressly addresses the instructor authorisation or merely communicates the driving licence withdrawal. A notice, a seized card and a formal decision carry different evidentiary value. Record missing pages or unclear service as open points in the chronology.

A review of traffic reliability under section 7 FSG must not be merged with the final review of the instructor authorisation. Each question needs its own factual basis.

• complete FSG withdrawal or restriction decision with reasons and notice on legal remedies
• proof of service, envelope or electronic service confirmation
• driving licence or authority information showing the classes concerned
• instructor card and evidence of the existing instructor authorisation
• letters from the district administrative authority concerning instruction
• short chronology with each date and document reference

If a document is missing, record the gap. Do not reconstruct its content from memory or from a general assumption about the consequences of a driving licence withdrawal.

The exact class scope, the duration of the FSG measure and every express statement about the instructor authorisation are especially important for the distinction.