The available records are not sufficient for classification.
Keep the decision, service record, police certificate and every notice of seizure or return. Do not drive on an incomplete file.
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Surrendering a driving licence: enforceability and withdrawal period
When must a licence be surrendered? Review enforceability, provisional seizure and the start of the withdrawal period under section 29 FSG.
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26 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
An enforceable withdrawal decision can trigger the immediate duty to surrender the driving licence document. Whether the licence was already provisionally seized is especially important for the records and for calculating the withdrawal period.
Review the complete decision, service, any ruling on enforceability and every police certificate together. Do not drive on an assumption. Arrange prompt legal review of the current procedural position.
Enforceability triggers the duty to surrender the document
Enforceability triggers the duty to surrender the document
Under section 29(3) FSG, the driving licence issued for a withdrawn driving entitlement must be surrendered to the authority without delay once the withdrawal decision becomes enforceable, unless it has already been seized. The statute therefore expressly links the duty to enforceability.
Do not read only the decision date. The operative part, service, legal remedy notice and any ruling on suspensive effect matter. The driving licence withdrawal focus area places the decision and the next procedural steps in context.
Three separate document situations
Which record matters for which step
The table helps distinguish the decision, the licence document and the police certificate.
| Document situation | Question to establish | Do not assume |
|---|---|---|
| Withdrawal decision and proof of service | Is the withdrawal already enforceable and what does the operative part order? | That the decision date and enforceability always coincide |
| Licence document still held by the person | Which authority should receive it and how will delivery be proved? | That possession of the card proves a right to drive |
| Provisional seizure under section 39 FSG | When was it seized and was it later returned? | That every form of custody has the same legal effect |
The complete file, actual seizure and documented return remain decisive.
Possession of the card does not prove a right to drive
Possession of the card does not prove a right to drive
The physical licence documents a driving entitlement, but it does not replace review of an enforceable withdrawal decision. A person who still holds the card must not infer that driving remains permitted. The duty to surrender the document and the right to drive are separate legal questions.
Before delivery, keep a legible copy and record the authority, date and delivery method. Obtain or preserve proof of surrender. The withdrawal decision check helps organise the operative part, period, service and accompanying measures.
Provisional seizure affects the start of the calculation
Provisional seizure affects the start of the calculation
If the licence was provisionally seized under section 39 FSG and was not returned, section 29(4) FSG requires the withdrawal period to be calculated from the day of provisional seizure. Both the date of seizure and the absence of a later return therefore need documentary support.
The police certificate, register entry, authority notices and any return record belong in one file. Our article on the withdrawal period in the licence decision explains which statements in the operative part and reasons also require review.
Provisional seizure remains relevant until actual return
Provisional seizure remains relevant until actual return
Under section 39(5) FSG, a motor vehicle requiring a driving entitlement must not be driven before the provisionally seized licence is returned. A later appeal or telephone call with the authority does not replace actual return.
If it is unclear whether there was physical seizure, seizure by certificate or a later return, that status must be clarified first. Record the date, issuing officer, responsible authority and every written notice.
File check
Which surrender status is documented?
The check organises records. It confirms neither enforceability nor a right to drive and does not replace legal review.
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Are the complete withdrawal decision and proof of service available?
All paths at a glance
Overview of all answers.
Open the withdrawal decision checklist →
Enforceability is not clear from the available records.
Review the operative part, service, legal remedy notice and suspensive effect together. Do not infer surrender or a right to drive from the decision date alone.
Provisional seizure without later return is documented.
Record the seizure date, certificate and absence of return. These facts are material to the calculation under section 29(4) FSG.
The card is available and the decision is documented as enforceable.
Review the surrender order, responsible authority and a provable delivery method without delay. This check does not confirm a right to drive.
Keep these records in one chronology
Keep these records in one chronology
- complete withdrawal decision with operative part, reasons and legal remedy notice
- proof of service, envelope or electronic service record
- appeal and filing proof, if available
- every ruling on suspensive effect or enforceability
- police certificate of provisional seizure
- proof of return or continued custody by the authority
- copy of the licence document and proof of surrender
- notices concerning the start and end of the withdrawal period
Order every document by date, authority and file number. This shows when the decision was served, whether provisional seizure continues and how surrender was documented.
Related guidance and checks
Review the decision, period and records together
Driving licence withdrawal focus area
Place the withdrawal decision, enforcement and next procedural steps in context.
Withdrawal period in the decision
Compare the period statements in the operative part and reasons of the actual decision.
Withdrawal decision check
Organise the operative part, service, period and accompanying measures.
FAQ
Frequently asked questions about surrendering the licence
When must a driving licence be surrendered after a withdrawal decision? +
Under section 29(3) FSG, it must be surrendered to the authority without delay once the decision becomes enforceable, unless it has already been seized. Enforceability requires review of the complete decision and procedural status.
May I drive while I still possess the licence card? +
Possession of the card does not confirm a right to drive. An enforceable withdrawal decision and provisional seizure must be assessed independently of physical possession.
When does the withdrawal period start after provisional seizure? +
If the licence was provisionally seized under section 39 FSG and not returned, section 29(4) FSG requires calculation from the day of provisional seizure. The seizure date and absence of return must be documented.
Topics
Driving licence lawLicence withdrawalSurrenderWithdrawal periodFSG
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