A serious offence during the probationary period can trigger remedial training and an extension. Review the penalty file and licence order separately.
BRANDAUER Rechtsanwälte
Law firm in Salzburg
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An alleged serious offence during the probationary period can produce two connected files. First, it is necessary to establish whether and for which offence a penalty became final. The separate order for remedial training and the extension or restart of the probationary period then require review.
Do not rely only on the first police notice or an oral statement. Keep the written documents and service records from both proceedings and arrange prompt legal review of any current deadline.
Under section 4(3) FSG, the authority must order remedial training after a serious offence during the probationary period. As a rule, it must wait until the penalty for that offence is final. The statute contains a specific exception for the offence in section 4(6)(2a) after an on the spot fine has been issued.
Start with the conclusion of the underlying proceedings. A report or request for observations is not yet a final penalty. Depending on the procedural route, the relevant material may be a summary penalty notice, an administrative penal decision or a court decision together with service and finality records.
Not every case contains all three types of document. The table helps assign each available document to the correct procedural step.
| Document | Core question | Do not assume |
|---|---|---|
| Decision on the alleged offence | Which conduct was established and is the penalty already final? | That a report alone triggers remedial training |
| Remedial training order under section 4 FSG | What is ordered and how is the probationary period extended or restarted? | That enrolling in a course replaces the authority order |
| Any licence withdrawal decision | Was a withdrawal or restriction of the driving entitlement also ordered? | That every remedial training order automatically withdraws the licence |
The complete wording, service and documented procedural status of each individual document remain decisive.
Section 4(3) FSG links the change in the probationary period to the order for remedial training. The period is extended by one further year. If it expired between the offence and the order, a new probationary period of one year begins.
The residence authority reports the extension or restart to the driving licence register and records the change in the licence. Keep more than the course documents. The remedial training order, any register notice and the records concerning the replacement licence also belong in the file.
Remedial training under section 4 FSG and withdrawal of the driving entitlement are not the same administrative consequence. If a withdrawal occurs during the probationary period, section 24(3) FSG lists remedial training as a mandatory accompanying measure. Whether a withdrawal was actually ordered must still be established from the actual decision.
Our article on remedial training in a driving licence decision shows how to read the measure and required proof. This article deals with the specific sequence for a probationary licence: penalty, remedial training order and the resulting change to the probationary period.
A further allegation does not automatically lead to withdrawal. Section 4(5) FSG addresses the specific case of another offence under section 4(6) or (7) during the third extension of the probationary period. The authority must then clarify medical fitness through an official medical assessment and order a traffic psychological examination. Depending on the result, the driving entitlement may be withdrawn.
Classification therefore requires the original grant, every earlier extension, each date of conduct and the corresponding final decisions. A bare count of earlier police reports is insufficient. Prepare a chronology and assign the correct document to every event.
This check organises documents. It does not assess the alleged offence and does not replace legal review.
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Keep the report, request for observations, summary penalty notice or administrative penal decision and every service record. Separate the allegation from any later remedial training order.
Review service, legal remedies and any confirmation of finality. Do not infer finality from the decision date alone.
Now review the exact wording on remedial training, the probationary period, the driving licence register and any withdrawal. Keep later proof together with the decisions.
Organise the final decision and every later letter from the authority. Course information does not replace review of the authority order.
For every document, note the date, authority, file number and service. This keeps clear which allegation was decided, when remedial training was ordered and whether a separate withdrawal decision exists.
Classify the order, operative part and required proof in driving licence proceedings.
Review the wording of the measure and the required certificate in the actual decision.
Read a short explanation of the term and its link to driving licence proceedings.
In driving licence law, deadlines and the file decide. Call us directly or send an email, callback within one business day.
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