The withdrawal of a driving licence is governed by the Driving Licence Act (FSG) and depends on your reliability as a driver (§ 7 FSG). The period of withdrawal depends on the seriousness of the offence (§ 25 FSG) and is usually at least three months. The demerit point system (§ 30a FSG) works in stages: a third entry in the driving licence register can lead to withdrawal. You have two weeks to lodge an objection to a penalty notice (§ 49 of the Administrative Penal Act, VStG). Against an administrative penal decision or a withdrawal decision, you can usually appeal to the Vienna Administrative Court within four weeks (§ 7(4) of the Proceedings of Administrative Courts Act, VwGVG). In Vienna, the authority with jurisdiction is the Vienna Provincial Police Directorate.
A letter from the authorities – and suddenly your mobility is at stake
A letter from the Vienna Provincial Police Directorate, a penalty notice in your letterbox or notification that your driving licence is being withdrawn: at moments like these, more than money is at stake. If you depend on your car for work, losing your licence can threaten your job and your livelihood. That is exactly why it pays to take a sober look at what the authority may do, which deadlines are running and which legal remedies are open to you.
This page gives you a clear overview of Austrian driving licence law and administrative penal law – from the demerit point system and the withdrawal of a driving licence to an objection to a penalty notice and an appeal to the Vienna Administrative Court. It is expressly not about evading penalties. It is about knowing your rights and not simply accepting excessive or flawed decisions without challenge. At Teamanwälte in Vienna, we represent you throughout the proceedings – thoroughly, calmly and with an eye on how the Vienna authorities work in practice.
Withdrawal of a driving licence – when and for how long?
The withdrawal of a driving licence is governed by the Driving Licence Act (FSG). The key factor is your reliability as a driver (§ 7 FSG). Anyone whose conduct shows that they pose a particular danger to road safety is not considered reliable as a driver – and their driving licence must be withdrawn for as long as that lack of reliability lasts.
The period of withdrawal depends on the seriousness of the offence (§ 25 FSG). The following is a rough guide only – individual cases may differ, and the current law must be checked:
- Minimum withdrawal: If the authority finds that you are not reliable as a driver, the period of withdrawal is generally at least three months.
- Serious offences – such as a very high blood alcohol level or particularly serious speeding – can lead to much longer withdrawals; in especially serious cases, a year or more.
- For gross speeding offences (exceeding the speed limit by more than 40 km/h in a built-up area or by more than 50 km/h outside built-up areas, measured with technical equipment), the driving licence is withdrawn for one month for a first offence, and for at least three months if the limit is exceeded by more than 60 or 70 km/h respectively (§ 26(3) FSG); for repeat offences, the period is longer.
The authority often also orders accompanying measures, such as a mandatory driver retraining course or a medical examination by a public health officer. Another possible measure is a traffic psychology assessment. You only get your driving licence back once you have completed them. In Vienna, the authority with jurisdiction is the Vienna Provincial Police Directorate, motor vehicle department.
The demerit point system (§ 30a FSG)
Alongside the standard withdrawal, Austria has the demerit point system under § 30a FSG. It covers a list of particularly high-risk offences, known as recordable offences. If you commit one of these offences, you receive an entry in the driving licence register in addition to the administrative penalty.
- Recordable offences include endangering pedestrians on a pedestrian crossing, unlawfully disregarding children getting on or off school buses, dangerous overtaking, driving with a blood alcohol level of between 0.5 and 0.8 g/l (0.5 to 0.8 per mille), and driving with a child who is not secured in the vehicle.
- A first entry generally stays in the register for two years. If no further entry follows, it then ceases to have any effect.
- If a second entry is added within these two years, the authority orders an accompanying measure (such as a driver retraining course or an examination).
- If a third entry follows within the observation period, you face the withdrawal of your driving licence for at least three months.
The demerit point system therefore works in stages. Its aim is to get drivers who have come to the authorities’ attention to change course early, before their licence has to be withdrawn. In individual cases, it is worth checking whether an offence was rightly treated as a recordable offence.
Administrative penal proceedings – how they work
In Austria, traffic penalties are imposed under the Administrative Penal Act (VStG). Depending on the seriousness of the offence and the stage of the proceedings, you may come across different types of notice and decision:
Summary penalty notice
A summary penalty notice is an on-the-spot fine, issued for example by a police officer. It applies to minor offences, and the amount is capped (usually at around €90). If you pay, you accept it. If you do not pay, the authority institutes regular proceedings against you.
Anonymous penalty notice (§ 49a VStG)
An anonymous penalty notice is issued without naming a specific driver (typically after automated speed checks). It must not appear in official information about previous offences, nor may it be counted against you as a previous offence. If it is not paid on time, regular proceedings follow, starting with a driver enquiry – a request to name the driver.
Penalty notice (§ 47 et seq. VStG)
A penalty notice is addressed to you by name. This is where the most important deadline applies: you can lodge an objection to the penalty notice within two weeks of service (§ 49 VStG). You can file the objection in writing or orally with the authority that issued the penalty notice. If you object in time, the penalty notice ceases to have effect, and the authority must conduct the regular investigation proceedings.
Administrative penal decision
The regular proceedings end with an administrative penal decision. This is an administrative decision that you can challenge by appealing to the Administrative Court (see next section).
Legal remedies & deadlines – objection and appeal to the Administrative Court
If you consider a penalty or a withdrawal unjustified, you are not powerless. Two legal remedies are central – and both are subject to deadlines:
| Legal remedy | Against | Deadline |
|---|---|---|
| Objection (§ 49 VStG) | the penalty notice | 2 weeks from service |
| Appeal to the Administrative Court (§ 7(4) VwGVG) | an administrative penal decision or an administrative decision (e.g. a withdrawal decision) | generally 4 weeks from service* |
*Standard time limit under § 7(4) VwGVG; check in each case whether a different time limit applies.
The Vienna Administrative Court, the provincial administrative court for Vienna, decides on appeals against an administrative penal decision or a withdrawal decision issued by a Vienna authority. You file the appeal with the authority that issued the decision. It must state reasons and contain a specific request – formal errors or a missed deadline can end the proceedings at this very stage. That is why it is essential to prepare the appeal carefully and on time.
Drink-driving and drug-driving – an overview
Alcohol impairment is one of the most common reasons for withdrawal. The key provisions are § 5 of the Road Traffic Regulations (StVO), which prohibits driving while impaired, and § 99 StVO, which sets out the penalties. The main points as a rough guide:
- General limit: From 0.5 g/l blood alcohol (0.5 per mille), or 0.25 mg/l breath alcohol, you face administrative penalties. A lower limit of 0.1 g/l (0.1 per mille) applies to certain groups – for example holders of a probationary licence or drivers of certain vehicles.
- Graduated penalties: As the alcohol level rises, the fine and the period of withdrawal increase significantly. At very high levels – 1.6 g/l (1.6 per mille) or more – the fine runs into four figures, the licence is withdrawn for several months, and you will also have to complete a driver retraining course, a medical examination by a public health officer and a traffic psychology assessment.
- Drug-driving is treated with similar severity; here too you face a penalty and withdrawal of your licence.
In alcohol and drug cases in particular, it is worth having a lawyer review the matter: the measuring method, the conduct of the proceedings and the proportionality of the withdrawal period can all be challenged. The aim is not to evade a justified penalty, but to ensure that the proceedings are conducted correctly and that the sanction does not exceed what the law allows.
What to do after a penalty or withdrawal
- Note the deadline – straight away. Two weeks (objection) or four weeks (appeal) pass quickly. A missed deadline can hardly ever be put right.
- Do not sign or pay anything in haste if you doubt that it is justified – a payment can be treated as an acknowledgement.
- Keep your documents safe: the administrative decision, proof of service (the envelope showing the date), measurement records and witness details.
- Get a legal review: We assess your prospects of success honestly and tell you whether an objection or appeal makes sense – or whether it is not worth the effort.
How we help you
We are a Vienna law firm led by Mag. Johannes Bügler, and we know how the local authorities and the Vienna Administrative Court work in practice. We check your administrative decision for formal and substantive errors, make sure deadlines are met, draft objections and appeals carefully and represent you in the proceedings. If you are facing a withdrawal, we argue for a proportionate period of withdrawal and support you through accompanying measures such as a driver retraining course or a traffic psychology assessment. There are no guarantees of success in law – but a well-founded defence noticeably improves your position.
Describe your situation to us in an initial consultation. We will tell you openly which steps are worth taking.
Teamanwälte – Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at
For an overview of the whole topic, see our page on Road accidents & damages. If your dispute is with a motor insurer, see Disputes with insurers.
Note: This article is for general information only and does not replace individual legal advice. It contains no instructions on how to evade penalties; it explains legitimate legal remedies. The time limits, penalty amounts and withdrawal periods mentioned are approximate figures based on our research; the specific assessment and the current state of the law must be checked in each individual case.