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BREXIT

Brexit: What happens if you haven’t exchanged your UK driving licence in Austria?

The June 30th deadline for changing over your licence from British to Austrian has expired. From insurance implications to fines, what happens if you haven't made the switch?

Published: 28 June 2021 10:03 CEST
Updated: 1 July 2021 11:15 CEST
Brexit: What happens if you haven't exchanged your UK driving licence in Austria?
Photo: Wikicommons.

People who became legally resident in Austria before Brexit and have a British driving licence should note the deadline for exchanging their British licence for an Austrian one was June 30th, 2021.

Under Austrian law, you are required to change your driving licence over after a maximum of six months in the country. 

According to the Article 50 Rules, this means that June 30th is the relevant date for switching over, as it is six months from the Brexit deadline. 

If you have moved to Austria in 2021, the relevant date for switching over your licence will be six months from your arrival date. 

If you are not residing in Austria, the period is 12 rather than 6 months, according to the ÖAMTC (Austrian Automobile and Motorcycle Touring Club). 

More information about the rules for changing over your licence is available at the following link. 

READ MORE: What are the post-Brexit rules about UK driving licences in Austria?

What happens if you haven’t changed your licence by that date? 

If you continue to drive on your British licence, you will technically be driving without a valid licence. 

This means there may both be insurance and legal implications. 

If you are involved in a traffic accident, you may be liable for up to €11,000 in repayments to the liability insurer for payments made to the victims of the crash. 

But this is not all. 

If you drive on your British licence after June 30th, you are considered to be driving unlicensed – for which there is a minimum fine of €363 (§37 para. 3 no. 1 FSG). 

Higher fines and jail terms are also possible for doing so, although according to the ÖAMTC this is generally used for people who continually reoffend. 

Can I still exchange my driver’s licence? 

For those who have let the period expire, some Local readers have indicated Austrian authorities will occasionally allow a little leeway. 

Some have been told they can continue to drive on their British licence provided they’ve put in an application to change it over (and carry their receipt). 

In a question and answer session in late September 2021, the British Embassy indicated you could still validly exchange your driver’s licence over – but warned that you must do it as soon as possible. 

This means that you may be allowed to change over your licence after the deadline – sometimes years down the track. 

However, in the worst-case scenario you may be forced to get your licence from scratch in Austria, including new practical and written tests. 

Please check with your local Bezirkshauptmannschaft (district authority) about whether you are able to change over the licence and the rules for doing so. 

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For members

RENTING

Can I get out of a rental contract in Austria?

Have you viewed an apartment in Vienna o elsewhere in Austria and hastily signed a contract? Don't you like the apartment after all? These are your withdrawal rights in Austria.

Published: 23 April 2024 17:24 CEST
Can I get out of a rental contract in Austria?

In Austria, the rental market is highly competitive, with apartments often staying on rental platforms for short periods due to high demand and limited supply. This, coupled with brief apartment visits (sometimes with other prospective tenants) and the pressure to secure a place, can lead to hasty contract signings. 

Understanding your withdrawal rights is essential in such a market.

READ ALSO: Renting in Austria – The key things foreign residents need to know

If you signed a rental contract and then realised you don’t want the place, you might feel stuck in your contract. Austria does have really strict rules on contracts, so that “anyone who signs a rental offer makes a binding declaration that they wish to rent the apartment at a certain rate”, Austria’s Tenants Association says.

The real estate agent will also remind you that you cannot leave your contract, as you signed a contractual agreement (“verbindliches Angebot“, which means a binding offer). But what exactly are your rights then?

It’s all about timing

Basically it’s very tricky and almost impossible to back out after signing a rental contact in Austria.

According to Austria’s Chamber of Labour (AK), Austrian law is on your side – but only in a particular case. 

Under a consumer law that applies to all types of contracts, including rental agreements, you are protected against potential pressure from real estate agents and property owners. If you view an apartment and sign an agreement on the same day, you have the right to withdraw from the contract within the week. Furthermore, if the estate agent fails to inform you of your right to cancel, you can withdraw from the contract within one month.

READ ALSO: Shopping in Austria – What are your consumer rights when purchasing goods?

The Tenants Association is more critical and explains that withdrawal is only possible within the “narrow” limits of the Consumer Protection Act. “If you as a consumer submit your contractual declaration on the same day that you viewed the apartment for the first time, you can withdraw from your contractual declaration in writing within one week.”

If the offer was not signed on the day of the very first viewing, though, there is no right of withdrawal in Austria.

READ ALSO: Tenant or landlord – Who pays which costs in Austria?

If you have the right to do so, the most effective way to withdraw from a rental contract is to do it in writing, preferably by a registered letter, as explained by the Austrian Chamber of Labour (AK). This not only provides a clear record of your intent but also empowers you to navigate the legal aspects of the process with confidence. 

If you signed the offer after the viewing, you don’t have the right to withdraw from the contract you signed. In that case, you could ask for a mutual agreement termination, seeking an amicable termination option with the landlord. Otherwise, you’d be bound by the contract, which in Austria usually means you’d have to stay for one year in the apartment and give three months’ notice before leaving.

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