The period statement in the operative part is missing or unclear.
Secure the complete decision and mark the exact passage. Do not add an assumed period from an example.
Which statements on the withdrawal period matter and why the individual period can only be reviewed from the decision and the authority file.
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.
When a driving entitlement is withdrawn, the authority must also state the period of withdrawal. The individual period cannot, however, be determined reliably from a general table or another person’s example. The operative part of the actual decision, its reasons and the results of the authority investigation must be read together.
The relevant provision is section 25 of the Austrian Driving Licence Act in its current version. This is general information and not legal advice.
Under section 25(1) FSG, the authority must state the period when withdrawing the driving entitlement. It fixes that period on the basis of the results of its investigation. The stated period therefore belongs in the operative part and must be checked against the reasons and the facts found by the authority.
If the driving entitlement expires before the end of the period projected by the authority, the decision must also state for how long after expiry no new driving entitlement may be granted. This separate statement matters where the document deals not only with withdrawal but also with a bar on a new grant.
Copy these statements without making your own calculation. If the beginning, end or reference point is unclear, record the uncertainty itself. A self-calculated end date may obscure the actual wording and is not a reliable substitute for the decision.
For withdrawal due to lack of medical fitness, section 25(2) FSG links the period to the assessment obtained under section 24(4) FSG and the duration of unfitness. Section 25(3) contains separate rules for lack of traffic reliability. The review should therefore not stop at one number. It must identify the ground relied on and the facts or documents cited by the authority.
Also note whether the decision refers to demerit entries already recorded and takes them into account. The statute provides an extension for certain existing entries and contains exceptions. Whether that provision applies can only be checked against the actual entries and the statutory basis cited in the decision.
Two matters may look similar while their files differ. Relevant points include the ground assumed in the decision, the investigation results, any medical assessment, existing demerit entries and the remaining validity of the driving entitlement. A general list cannot import these connections from the individual file.
A document check is therefore more useful: order the operative part, reasons, proof of service, attachments and records cited in the decision. The withdrawal decision check supports that completeness review but deliberately does not calculate a withdrawal period.
This short check only orders the document status. It does not calculate the period or assess lawfulness.
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Secure the complete decision and mark the exact passage. Do not add an assumed period from an example.
Review the reasons, attachments and cited investigation results together. The number alone does not explain the authority’s decision.
Compare the expiry date with the operative part. Check whether the decision also states a period during which no new entitlement may be granted.
Keep the operative part, reasons, service and attachments together. This result records the file status and does not confirm lawfulness.
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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