Authority does not decide: complaint in driving licence proceedings

Under section 73(1) AVG, authorities must decide applications by parties without unnecessary delay. Unless another statutory period applies, the decision must be issued no later than six months after receipt of the application. For a failure to decide complaint, section 8(1) VwGVG likewise refers to receipt of an application seeking a decision by the correct filing office.

A request for an appointment, a telephone enquiry or a request for general information is not automatically such an application. Keep the complete submission, every enclosure and proof of receipt. Those records are needed to identify which authority was asked to make which specific decision.

Section 8(1) VwGVG states six months where legislation does not provide a shorter or longer decision period. Time starts when the application seeking a decision is received by the office where it had to be filed. A wrong addressee, several different submissions or an unclear application can materially change the review.

Do not rely solely on the sending date or a generic online calculation. Record the recipient, receipt date, subject, enclosures and file number for every submission. Then determine whether a special rule applies to the particular driving licence application.

Expiry of a period is not sufficient in every case. Under section 8(1) VwGVG, the complaint must be dismissed if the delay is not predominantly due to fault of the authority. Requests for documents, appointment offers, assessment instructions, the party’s responses and outstanding records therefore belong in one chronology.

Legal assessment should not be replaced by allegations. The relevant questions are which procedural steps were necessary, who took them when and whether the authority conducted the case without unnecessary delay. The article on file inspection in driving licence proceedings explains which parts of the authority file may be important.

For a failure to decide complaint, section 9(5) VwGVG requires in particular the authority whose decision was sought to be identified. It must also be substantiated that the period under section 8(1) VwGVG has expired. Merely saying that the proceeding has taken a long time is not enough.

A reliable complaint organises the application, receipt, requested decision, further information requests, responses and current file status. It separates the delay issue from the later substantive decision on grant, renewal, restriction or another driving licence measure.

Under section 12 VwGVG, written submissions must be filed with the respondent authority until the complaint is forwarded to the administrative court. Do not automatically use a court address from another proceeding. Review the authority, file number, permitted transmission route and actual receipt.

Keep the complete final version together with proof of receipt. A status enquiry does not replace the failure to decide complaint. Conversely, a complaint should not be labelled merely as an informal reminder if it is intended to initiate court proceedings.

In proceedings over failure to decide, section 16(1) VwGVG permits the authority to issue the decision within a period of up to three months. If it issues the decision, the delay proceedings must be discontinued. If it does not, it must forward the complaint and file to the administrative court.

The complaint does not guarantee a favourable driving licence decision. It challenges the absence of a decision. Whether the underlying application succeeds remains a separate question. Continue to record new letters and procedural steps after filing.

A remedy against authority delay does not grant, extend or reactivate a driving licence. An expired licence, existing restriction or enforceable withdrawal decision is not automatically removed by the complaint.

Review the current entitlement to drive separately from the delay proceedings. The topic on appealing a driving licence decision explains the challenge to a decision that has already been issued. For medical procedural steps, official doctor and assessment helps classify authority instructions, reports and correspondence.