The reason for the stop is not traceable.
The reason for the stop is not traceable.
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Driving licence at a roadside stop: When police may prevent further driving
Driving licence roadside stop: distinguish measures preventing further driving under section 38 FSG from withdrawal and seizure.
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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.
22 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
During a roadside stop, police may prevent further driving where an infringement listed in the FSG applies. This immediate measure is not automatically a withdrawal decision.
Section 38 FSG lists the cases for such measures. Keep the stop, confirmation, later decision and actual return separate.
The measure needs a statutory basis
The measure needs a statutory basis
Section 38 FSG allows officers to prevent driving where an infringement listed there is being or would be committed.
The specific reason and vehicle class matter.
Driving without the correct class requires separate review
Driving without the correct class requires separate review
The provision includes driving without an entitlement for the relevant class.
A missing class is not automatically a withdrawal decision.
Separate a roadside measure from provisional seizure
Separate a roadside measure from provisional seizure
Section 38 must be separated from provisional seizure under section 39 FSG.
Record each measure by time, officer, reason and document.
Secure the stop records
Secure the stop records
Keep the stop report, confirmation, identity and vehicle records and later letters.
Record whether the vehicle continued or was actually stopped.
A later decision is a separate step
A later decision is a separate step
A later decision on withdrawal or restriction must be reviewed independently.
Service, operative part and remedy notice create a separate time-limit review.
Document review
Which record answers which question?
Read reason, application and document status separately.
| Reason for stop | Which FSG provision is cited? | That every stop permits a measure |
|---|---|---|
| Reason for stop | Which FSG provision is cited? | That every stop permits a measure |
| Vehicle class | Does the entitlement match the drive? | That holding a card covers every class |
| Later decision | Which authority decided? | That the immediate measure replaces the decision |
The complete file and current authority position remain decisive.
File check
Is the specific reason for the stop documented?
The check organises records. It does not replace legal review.
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Is the specific reason for the stop documented?
All paths at a glance
Overview of all answers.
File inspection in licence proceedings →
Class or entitlement remains open.
Class or entitlement remains open.
Confirmation or later letters are missing.
Confirmation or later letters are missing.
The stop and follow-up file are organised.
The stop and follow-up file are organised.
Related guidance
Related guidance and document checks
FAQ
Frequently asked questions
Is a section 38 measure already a withdrawal? +
No. The immediate measure and later withdrawal decision are separate.
What should be secured after a stop? +
The report, reason, vehicle and class records, confirmation and later decision.
May I simply continue driving? +
That depends on the measure. The absence of a decision is not permission.
Topics
FührerscheinrechtFSGDokumentenprüfung
A decision, a charge or a looming driving licence measure?
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