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Reinstatement and conditions: which authority records matter

Reinstatement after licence withdrawal: organise the decision, conditions, medical opinions and proof under sections 24 and 25 FSG.

BRANDAUER Rechtsanwälte
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BRANDAUER Rechtsanwälte

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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.

20 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt

When a withdrawal period expires, the decisive questions are what the authority actually ordered and which proof is still missing. Reinstatement or return of the licence is therefore not merely a calendar issue.

This article explains how to organise the operative part, conditions, deadlines and proof of completion for prompt legal review.

What sections 24 and 25 FSG mean for return of the licence

Under section 24(1) FSG, the authority may withdraw the driving entitlement or restrict its validity by conditions, time limits, or temporal, territorial or substantive restrictions. The operative part of the specific decision must show which option applies.

Section 24(3) FSG permits accompanying measures and a requirement to submit an official medical opinion. If an order, necessary findings or required cooperation are not completed in time, that provision states that the withdrawal period does not end before compliance. Section 25 FSG governs the authority’s determination of the withdrawal period.

These provisions do not produce an automatic favourable decision. The current file, the precise wording of every decision and proof that each specifically ordered requirement has been met must be reviewed.

Which details in the authority letter matter

Operative part: It shows whether withdrawal, restriction, a condition or a time limit was imposed, which licence categories are affected and which period is stated.

Separate orders: Remedial training, traffic coaching, an official medical opinion, specialist findings or a traffic psychological statement may appear in the withdrawal decision or in a separate decision.

Deadlines and service: The date printed on the letter does not by itself prove service. Keep the envelope, proof of service or electronic service record.

Reasons and remedy notice: Both must be complete. An extract or a photograph of the first page alone is normally insufficient for review.

Which proof of compliance belongs in the file

  • the complete withdrawal decision and every order served at the same time or later
  • confirmation of the specifically ordered remedial training or traffic coaching
  • the official medical opinion and any specialist findings or traffic psychological statement actually requested
  • proof of timely submission to the authority, such as an acknowledgement of receipt or dispatch record
  • correspondence concerning outstanding records, requests for completion or rescheduled appointments

Unrequested medical or course documents do not automatically replace the proof demanded by the authority. Description, issuer, subject of assessment and currency must match the specific order. Originals should remain unchanged, while personal additions belong in a separate chronology.

Relevant provisions: section 24 FSG on withdrawal, restrictions and accompanying measures and section 25 FSG on the withdrawal period.

Records check

Are the decision, conditions and proof of completion organised?

This check only organises the document position. It confirms neither reinstatement nor legal or medical fitness.

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01 Question 1

Are the operative part, reasons, attachments and remedy notice complete?

All paths at a glance

Overview of all answers.

01

The document position is organised for a specific review.

Compare each item of proof with the wording of the corresponding order. Even a complete file is not a promise that the authority will reinstate or return the licence without restrictions.

Open the licence withdrawal focus area →
02

The authority’s decision record is not yet complete.

Secure the complete document with attachments and proof of service. If a deadline may be running, do not wait until every record has been collected.

Open the withdrawal decision checklist →
03

The scope of the ordered measures is still unclear.

Do not reconstruct conditions and deadlines from memory. Arrange the withdrawal decision and separate orders chronologically and have contradictions reviewed.

Open the withdrawal decision check →
04

Matching proof is missing for at least one order.

Check who must issue the proof and whether the authority requires a particular form or method of submission. Do not present a self-written replacement as official proof.

Open the withdrawal decision checklist →
FAQ

Frequently asked questions about reinstatement

Is the licence returned automatically when the withdrawal period expires? +

Not in every situation. Ordered measures, required findings and the current procedural position must be reviewed. Section 24(3) FSG expressly sets consequences where orders have not been completed.

Which part of the decision governs the conditions? +

The operative part is central but should not be read in isolation. Reasons, attachments, separate orders, deadlines and the remedy notice belong to the complete review.

Is confirmation of attendance at a measure sufficient? +

That depends on the wording of the order. The required measure, authorised provider, required completion and proof of submission to the authority must be checked.

Topics
Driving licence lawFSGReinstatementConditionsAdministrative proceedings

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