An express exclusion requires immediate review of its operative part and reasons.
Organise the decision, service, reasons for the exclusion and proof of filing. Do not assume suspensive effect. The appeal focus area lists the remaining file points.
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Suspensive effect of a driving licence appeal: may I drive?
Appealing a licence withdrawal? Review suspensive effect, immediate enforcement and provisional seizure as separate issues.
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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.
24 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
An appeal against a driving licence decision does not automatically mean that you may continue driving until the appeal is decided. The appeal period, suspensive effect and any prior provisional seizure of the licence are separate questions.
Read the operative part, any order for immediate enforcement and every police certificate together. Do not drive on an assumption. Arrange prompt legal review of the current enforcement position.
Appeal and enforcement require separate review
Appeal and enforcement require separate review
Under section 13(1) VwGVG, a timely and admissible appeal against an administrative decision generally has suspensive effect. That general rule does not yet show whether the authority excluded the effect in the actual decision or whether a provisional seizure of the licence continues to apply.
First identify the document in front of you. Our article on the appeal period for a driving licence decision explains service, operative part, reasons and the legal remedy notice. This article deals only with the separate enforcement question.
Three different procedural situations
Which document answers which question
This table is a reading grid. It does not decide whether you may drive in the actual case.
| Procedural situation | What to review | What must not be assumed |
|---|---|---|
| Timely and admissible appeal | Appeal, proof of filing and complete decision | That the general rule permits driving without any further review |
| Exclusion of suspensive effect | Operative part, reasons for early enforcement and the balancing of interests | That an appeal against the exclusion temporarily stops that order |
| Provisional seizure of the licence | Police certificate, register entry, return status and authority file | That filing an appeal has already returned the licence |
The complete decision, any additional orders and the actual status of the licence remain decisive.
An exclusion must be reviewed in the actual proceedings
An exclusion must be reviewed in the actual proceedings
The authority may exclude suspensive effect under section 13(2) VwGVG if early enforcement is urgently required because of imminent danger. The statute requires the affected public interests and the interests of other parties to be balanced. Where practicable, that order should already appear in the decision on the main matter.
Look in the operative part for a separate order on suspensive effect and read its reasons. The mere label licence withdrawal or a reference to road safety does not replace that review. A separate document may also matter for enforcement.
The remedy against an exclusion is not automatically suspensive
The remedy against an exclusion is not automatically suspensive
Under section 13(4) VwGVG, the appeal against the exclusion itself has no suspensive effect. Unless it must be rejected as late or inadmissible, the authority must immediately submit it and the procedural file to the administrative court. The court must decide without delay.
This procedural rule does not predict the result in your case. Keep the exclusion decision, the appeal, proof of filing and every notice that the matter was submitted to the administrative court. Confirm the current position before driving a motor vehicle.
A provisional seizure remains a separate restriction
A provisional seizure remains a separate restriction
If the police provisionally seized the licence or issued a certificate by which it is treated as provisionally seized, section 39 FSG also requires review. Section 39(5) FSG prohibits driving a motor vehicle that requires a driving entitlement before the provisionally seized licence has been returned.
The physical card, the register status and the driving entitlement must not be treated as interchangeable. Record when and why the seizure occurred, which certificate was issued, which authority holds the licence and whether it has actually been returned. The licence withdrawal focus area explains the subsequent authority proceedings.
Document check
Which document determines the next review step?
This check organises documents. It does not decide whether you may drive and does not replace legal review.
Already know you want to get in touch? Go straight to the enquiry form.
Are the complete driving licence decision and proof of service available?
All paths at a glance
Overview of all answers.
Open the appeal focus area →
The provisional seizure requires review in addition to the decision.
Section 39(5) FSG prohibits driving before the licence is actually returned. Keep the certificate, authority contact and every record of its current return status.
The answers documented neither an exclusion nor a provisional seizure.
The timeliness and admissibility of the appeal actually filed and the complete file must now be reviewed. This check does not confirm a right to drive.
The documents are insufficient to determine the enforcement position.
Secure the available decision, proof of service, police certificates and any additional orders. Do not drive on an assumption and arrange an immediate review of the current status.
Keep these documents in one chronology
Keep these documents in one chronology
- complete driving licence decision with operative part, reasons and legal remedy notice
- proof of service, envelope or electronic service record
- appeal and proof of filing
- every order excluding suspensive effect
- police certificate for a provisional seizure of the licence
- notices from the authority or administrative court
- proof that the licence was actually returned
Organise the material by date and file number. Do not rely only on remembered telephone calls. A written chronology supports legal review but does not replace information from the competent authority or a decision by the administrative court.
Related guidance and checks
Review the deadline, concept and decision
FAQ
Frequently asked questions about suspensive effect
Does every appeal against a driving licence decision have suspensive effect? +
A timely and admissible appeal against an administrative decision generally has suspensive effect under section 13(1) VwGVG. The authority may exclude it under the conditions in section 13(2) VwGVG. The actual decision and any additional orders require complete review.
May I drive again as soon as the appeal is filed? +
That cannot be inferred from filing alone. Relevant questions include admissibility and timeliness, any exclusion of suspensive effect, a provisional seizure and whether the licence has actually been returned.
What applies if the police provisionally seized the licence? +
Section 39(5) FSG prohibits driving a motor vehicle that requires a driving entitlement before the provisionally seized licence has been returned. The certificate, authority file and current return status require separate review.
Topics
Driving licence lawVwGVGSuspensive effectAdministrative appeal
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