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After the withdrawal period: use the licence only after it is returned

Section 28 FSG: distinguish expiry, application and actual return of the driving licence.

BRANDAUER Rechtsanwälte
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BRANDAUER Rechtsanwälte

Law firm in Salzburg

Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In driving licence cases we look at the file, deadlines and commercial consequences together.

11 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt

After the withdrawal period: use the licence only after it is returned focuses on return after the withdrawal period. It organises the statutory record position and does not replace review of the actual file.

Keep decisions, applications, service records and authority information together. A single register or travel document does not create a wider entitlement.

Legal basis: section 28 FSG in RIS.

Distinguish expiry and return

Section 28(1) FSG provides for return after expiry on application and subject to further conditions.

Calendar expiry alone does not show the current document status.

Prove the application

Keep the application, receipt and file reference.

Record the expiry date and application date separately.

Do not drive before return

Section 28(2) FSG prohibits driving before return.

Keep proof of the actual handover.

Check further withdrawal

A further withdrawal may prevent return.

Later decisions and service records belong in the review.

Assemble the records

Keep the decision, service record, surrender proof, application and authority response.

The reinstatement article covers additional records.

Document review

Which record answers which question?

Read status, legal basis and proof separately.

Review records and dates separately
Document position Legal question Do not assume
Period ended Was return applied for and completed? That expiry alone is enough
Application Is receipt proven? That a call is sufficient
Return Is handover documented? That driving is allowed before return

The complete file and current authority position remain decisive.

File check

Are the relevant records and dates documented together?

The check organises records. It does not replace legal review.

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01 Question 1

Are the relevant records and dates documented together?

All paths at a glance

Overview of all answers.

FAQ

Frequently asked questions

May I drive immediately after expiry? +
Not automatically. Section 28(2) FSG prohibits driving before return.
Must I apply? +
Section 28(1) FSG links return to an application and conditions.
What if there is another withdrawal? +
It must be reviewed and may prevent return.
Topics
FührerscheinrechtNach Ablauf der Entziehungsdauer: Führerschein erst nach Wiederausfolgung verwenden§ 28 FSG

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