The relevant leaving status is still open.
First organise the record showing the end of active service or the end of employment in the military administration.
Section 22(7) FSG: one-year period after leaving the Armed Forces or military administration, civilian first grant, probationary licence and second training phase.
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.
A person who holds a military driving entitlement and leaves the active service of the Austrian Armed Forces or the military administration may apply for a civilian driving entitlement under the Austrian Driving Licence Act within a specific one-year period. Section 22(7) FSG expressly provides that this civilian entitlement is treated as a first grant.
This is a distinct transition from a military entitlement. The military entitlement is not simply exchanged for a private driving licence. The leaving date, the existing class and scope, and the intended civilian class determine the relevant review.
Section 22(7) FSG allows the holder of a military driving entitlement to apply for a driving entitlement under the Driving Licence Act until one year after leaving the active service of the Austrian Armed Forces or the military administration. The provision names these two leaving situations specifically.
The rule concerns an application. A civilian driving entitlement therefore comes into existence only when the authority grants it after the application. The class and scope that can be granted must be reviewed against the military entitlement and the civilian driving category sought.
The special period runs until one year after leaving. The review must therefore establish when the person left and which status ended. A service confirmation, an official notice or another reliable record may help document that point in time.
This one-year period is separate from the later probationary period and any second training phase. Those periods begin when the civilian entitlement is granted. They do not extend the application period under section 22(7) FSG.
Section 22(7) FSG expressly classifies the civilian entitlement granted under this rule as a first grant. This is the central legal consequence of the transition. The military entitlement and the later civilian entitlement remain separate, even though practical driving experience may be relevant to the individual review.
The first-grant classification brings the probationary-licence rules in section 4 FSG into focus. Section 4(1) generally provides for a three-year probationary period for certain classes granted for the first time and excludes classes AM and F. The exact civilian class and the person’s prior entitlements must therefore be checked. The driving-entitlement glossary entry explains the difference between the entitlement and the physical driving licence document.
Section 22(7) FSG also refers to sections 4a to 4c FSG. Section 4a(1) expressly covers the first acquisition of classes A1, A2, A and B. For these classes, it must be checked whether the second training phase follows the civilian grant.
For class B, section 4b(1) provides for a first perfection drive two to four months after acquisition, a driver-safety training and road-safety psychology group discussion three to nine months after acquisition, and a further perfection drive six to twelve months after acquisition. For A1, A2 and A, section 4b(3) provides for driver-safety training, a road-safety psychology group discussion and hazard-perception training within two to twelve months, followed by a perfection drive within four to 14 months. The consequences of a missed second training phase are a separate issue.
Under section 4c FSG, the provider enters each completed stage in the driving licence register and issues a confirmation. If a stage is not proved within the statutory periods, section 4c provides for a graduated authority procedure. These periods run from the grant of the civilian entitlement, not from the date of leaving the Armed Forces.
For the initial review, gather the military driving entitlement, the military driving licence or military moped certificate, the recorded classes, and any restrictions or conditions. A record showing the status and date of leaving is equally important. These documents show whether the special route under section 22(7) FSG is open in time.
Also identify the intended civilian class and scope. If medical restrictions, numerical codes, a special vehicle type or an earlier authority procedure matters, include the related records. The guidance on the driving licence authority and application documents helps organise the authority side of the enquiry.
This is a practical preparation list, not an exhaustive statutory list of documents. Section 22(3) FSG initially concerns the checks made by the military personnel authority before granting the military entitlement. The civilian authority must therefore identify the documents required for the individual application.
The military driving entitlement belongs to a military setting. Under section 22(2) FSG, its holder may drive other motor vehicles only under the conditions stated there for carrying out tasks of the Armed Forces. Those conditions include the specific operational need, a certificate from the relevant military service and the matching class.
The civilian entitlement under section 22(7) FSG serves a different purpose. It is granted after an application under the Driving Licence Act and is treated by law as a first grant. Before a private or professional journey, it must therefore be established whether a suitable civilian entitlement already exists or still has to be applied for and granted.
The leaving date, the existing scope and the civilian application belong together, but serve different purposes.
| Point to review | What it can establish | What it does not establish automatically |
|---|---|---|
| Military driving entitlement | Which military class and restrictions are documented | That every civilian journey is authorised |
| Leaving date | Whether the one-year period under section 22(7) FSG is still open | That the civilian entitlement has already been granted |
| Civilian application | Which class under the Driving Licence Act is sought and must be reviewed | That the application is merely a document exchange |
| First grant | Whether the probationary rules and second training phase must be considered | That every class has the same training stages |
The individual military entitlement, the leaving date and the decision on the civilian application remain decisive.
This check organises the key documents and dates. It does not replace a review of the individual application.
Already know you want to get in touch? Go straight to the enquiry form.
First organise the record showing the end of active service or the end of employment in the military administration.
Record the exact leaving date and have it checked whether the application under section 22(7) FSG can still be made in time.
Keep the military driving licence, classes, restrictions, leaving record and intended civilian class together.
Set out the military scope and the civilian class sought. Classes A1, A2, A and B also require a review of the second training phase.
Compare the intended class with sections 4 and 4a to 4c FSG and retain proof of every completed stage.
Organise the application, test and documents for an additional class.
Review authority, application and evidence for the administrative route.
Review the notice, further period and possible consequences of missing proof.
Classify register entries and documents from the driving licence procedure.
Keep the legal entitlement separate from the physical driving licence.
Keep professional qualification records separate from the general entitlement.
In driving licence law, deadlines and the file decide. Call us directly or send an email, callback within one business day.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000