October 28, 2020
Many motorists do not know which offenses can lead to the withdrawal of their driving license (driver’s license). It is common knowledge that severe Violations of the road traffic regulations as alcohol or Drugs at the wheel can lead to the withdrawal of the driver’s license. But also criminal acts according to the penal code can lead to the withdrawal of a driver’s license.
When can the driver’s license be withdrawn due to poor roadworthiness?
Section 3 of the Driving License Act (FSG) lists the requirements for issuing a driving license. The driver’s license may only be granted to persons who traffic-reliable, suitable for health and the technically competent are.
The traffic reliability is defined in § 7 FSG. According to § 7 FSG, a person is reliable on the road if it does not have to be assumed on the basis of certain proven facts and their assessment that the person concerned either because of their senses when driving a motor vehicle
- road safety through reckless behavior in traffic or drunkenness or by one due to Addictive substances or Medication impaired condition or
- because of the facilitating circumstances that exist when driving motor vehicles are, other more serious criminal acts will make you guilty.
The impending withdrawal times of the driver’s license due to a speeding violation, if no traffic unreliability is assumed, or due to alcohol and drugs behind the wheel, can be found at the bottom and are therefore not dealt with further here.
The following offenses are considered reckless behavior:
- Speeding in the local area by more than 40 km / h and outside the local area by more than 50 km / h;
- Driving despite revoked driver license;
- Edition medical check-ups not complied with as a driver;
The following offenses are considered to be violations are suitable to bring about particularly dangerous conditions or which were committed with particular recklessness:
- significant speed violations Schools, kindergartens, Protective ways and Cyclist crossings.
- Speeding of more than 90 km / h in town and 100 km / h out of town;
- Falling below the temporal safety margin to the vehicle in front 0.2 seconds;
- Violation of overtaking bans in particularly poor visibility;
- Drive against the direction of travel on motorways (Ghost driver).
Driving license revocation due to a judicial crime:
According to Section 7 (3) FSG, the driver’s license can also be obtained on the basis of a judicial offense be withdrawn if by this a lack of traffic reliability given is. This is justified by the fact that the Use of a vehicle can facilitate serious crimes. This means that if you have committed one of the crimes listed below, the legal presumption of unreliability applies and your driver’s license will be withdrawn. this applies regardless of whether a vehicle is used in these crimes has been. This is particularly the case with the following offenses:
- Offenses against life and limb, like Murder (§ 75 StGB), homicide (Section 76 StGB) serious bodily harm (Sections 84 to 87 StGB), or one committed several times minor bodily harm (§ 83 StGB);
- Offenses against sexual integrity and self-determination, such as rape (§ 201 StGB), sexual coercion (§ 202 StGB), sexual abuse of a defenseless, mentally impaired person or one Minors (§§ 203 to 207 StGB);
- Offenses against other people’s assets, such as predatory theft (§ 131 StGB) or robbery (§§ 142, 143 StGB), but also extortionate kidnapping (§ 102 StGB);
- Drug trafficking (§28a SMG) or psychotropic substances (§ 31a SMG);
- the repeated commission of a criminal offense in a die Sanity excluding intoxication (§ 287 StGB);
- Hit and run with personal injury.
It is sufficient if one of these listed criminal acts committed once was to exclude traffic reliability. Only in the case of minor offenses, such as simple bodily harm or the offenses not listed above and in Section 7 (3) FSG, is a repeated inspection necessary in order to rule out traffic reliability. That means, the driving license can in principle because of every crime, those listed above The same injustice and meaning are to be withdrawn. However, if more than five years since the offense was committed, the driver’s license may no longer be withdrawn due to lack of traffic unreliability. For more information on what to do if you are charged with a crime, click here.
How is it judged whether an act has given traffic unreliability?
For the evaluation of the acts, i.e. whether the traffic unreliability is given, is the Reprehensible act, the Dangerousness of the relationshipe that since then elapsed time as well as that Conduct during this time to consider. Crimes committed five years ago are also to be taken into account in this evaluation.
It should be noted that those listed in § 7 Paragraph 3 Z 7 to 10 FSG criminal acts are not necessarily related to driving a vehicle have to stand. For example, if you have been convicted of robbery, the authority can refuse to grant you a driving license on the grounds that it is not reliable because it is assumed that the commission of the criminal act is facilitated by driving a vehicle.
How long can the driver’s license be withdrawn?
The duration of deprivation depends on the severity of the violation. According to Section 25 (3) FSG, a Withdrawal due to poor traffic reliability a duration of at least three months to fix. If further offenses appear in the reservation system, the time per offense is at least two weeks to extend.
However, if the driver of the vehicle committed one of the offenses listed above that is appropriate particularly dangerous conditions bring about or with particular ruthlessness has been committed, the withdrawal period is at least in accordance with Section 26 (1) FSG six months.
If you have been sentenced to imprisonment for a criminal offense, the authority can order that the driving license be withdrawn only after release from prison begins. However, this does not apply to a considerable length of the prison sentence, for example more than 5 years.
In most cases, the driver’s license is withdrawn by means of a notification from the competent authority (e.g. the district administration). In certain cases, however, organs of the public security service (usually police officers) can and may do the same Temporarily remove your driver’s license. This is regulated in § 39 FSG. If it can be clearly seen from the behavior of the vehicle driver that he is in particular due to Alcohol or addictive drugs, Taking Medication or one exceptional state of excitement no longer has full control over his mind or body.
This is how the withdrawal of your driving license can be averted!
If the authority pronounces the withdrawal of the driver’s license by means of a notice, this notice can be revoked within two weeks of presentation at the authority that revoked the driver’s license. Then a Investigations initiated and the authority decides again. On the other hand there is then within four weeks the appeal of Complaint to the regional administrative court. If one wants to prevent a withdrawal of the driver’s license, however, the administrative criminal procedure must also be carried out, otherwise one Binding effect arises!
In practice, I experience time and again that authorities withdraw my driver’s license because of crimes that do not justify this. The Administrative Court has already ruled several times that a driver’s license withdrawal due to a dangerous threat or theft is not justified. Nevertheless, authorities repeatedly revoke the driver’s license for such crimes. I already have led numerous driving license withdrawal proceedings against authorities and therefore have as Lawyer a lot of experience in this area. Therefore, by examining the decision and filing an appeal, I can file a Revocation of driving license revocation or Reduction of the withdrawal period to reach.
This article is only intended to provide a brief overview and is without guarantee. If you have any further questions, please feel free to contact me by phone at any time during my office hours.
Mag. Sascha Flatz, Lawyer and defense attorney in criminal matters in 1010 Vienna.
You can find more information on the topic here
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