Official medical examination order: check deadlines and consequences

Where doubts arise as to continued medical fitness, section 24(4) FSG requires the authority to obtain an official medical assessment under section 8 FSG. The driving entitlement may then be restricted or withdrawn where appropriate. The order is part of the fitness proceedings but does not itself determine the medical outcome.

The provision also governs non-compliance. If the holder fails within the set period to comply with a final order requiring an official medical examination, the findings needed for that assessment or a new driving test, the driving entitlement must be withdrawn until the order is complied with. The precise operative part, finality and the deadline actually set are therefore decisive.

Section 24(4) FSG lists several possible requirements. The holder may be ordered to attend an official medical examination, provide the findings required for the assessment or retake the driving test. Mark every required action, the addressee, the responsible body and the deadline in the operative part.

Section 8 FSG provides the professional framework for the medical assessment. If special findings or a traffic psychology statement are needed because of behaviour relevant to traffic psychology, the assessment is prepared by an official medical officer. The actual order and later correspondence still determine which documents are required in the individual proceedings.

The deadline set in the order specifies when the required action must be completed. Section 24(4) FSG does not prescribe one uniform period for every case. Use only the date or calculation stated in the actual operative part and check when the decision was validly served.

Separately, section 7(4) VwGVG generally provides four weeks for an appeal against an administrative decision. The commencement depends in particular on service. Until referral to the administrative court, submissions must be filed with the respondent authority under section 12 VwGVG. Keep the decision, proof of service and all attachments ready for prompt legal review.

The consequence for non-compliance under section 24(4) FSG expressly refers to a final order. Finality cannot be established from the decision date alone. Service, any appeal, proof of filing and later procedural decisions must be reviewed together.

Under section 13(1) VwGVG, a timely and admissible appeal against an administrative decision generally has suspensive effect. The authority may exclude that effect under the statutory conditions. Do not rely merely on the statement that an appeal was sent or on oral information. Keep every ruling on effect and enforceability.

The order should show the basis on which the authority has concerns about medical fitness or professional competence. Organise the reports, findings, notifications, previous assessments and file notes cited in the reasons. A personal medical assessment does not replace a legal and factual review of the authority file.

If cited records are missing or the facts actually on file remain unclear, inspection of the driving licence file can clarify the documentary position. The separate article on the right to be heard explains how a response to disclosed evidence can be prepared.

• complete order with reasons and appeal instructions
• all attachments plus the envelope, collection notice or electronic service record
• earlier invitations, appointment notices and authority requests
• the findings or statements expressly required in the operative part
• registration, appointment confirmation and proof of documents already provided
• the complete final appeal and proof of filing
• decisions on suspensive effect or enforceability
• later correspondence and any separate withdrawal decision

Arrange each document by date and function. Record separately what the authority ordered, what has already been completed and which submissions were demonstrably received in time. This makes it possible to identify whether the authority alleges non-compliance and which file position it relies on.

Section 24(4) FSG describes withdrawal until the order is complied with. Whether the required action has been fully and demonstrably completed depends on the order, the examination, the findings submitted and the response of the authority. Booking an appointment alone does not necessarily comply with every requirement.

Do not infer from later compliance alone that driving may resume immediately. A separate withdrawal decision, the register position, a continuing restriction and the actual return of a seized licence may also matter. The article on surrender and enforceability organises those documents as a separate step.