Missed the MPU deadline or ignored the order: what happens then?

What is in an MPU order?

Under § 11 (6) FeV, an MPU order (MPU-Anordnung) contains several mandatory details. The authority specifies which questions about your fitness to drive need to be clarified and gives reasons for its doubts. It also informs you:

• that you must be examined and provide the report within a deadline set by the authority,
• that the examination takes place at your expense,
• which centre or centres can be considered for the examination,
• that you can inspect the documents sent to the assessment centre.

You must tell the authority which centre you have commissioned with the examination. You are free to choose the assessment centre (Begutachtungsstelle für Fahreignung) from among the officially recognised centres. The guide Choosing an MPU assessment centre gives tips on this.

What exactly does § 11 (8) FeV mean?

§ 11 (8) FeV allows the authority to draw a conclusion: if you refuse to be examined or do not provide the required report on time, it may conclude that you are unfit to drive when making its decision. It must already point out this consequence to you in the order (§ 11 (8) sentence 2 FeV).

In practice, this means: the missing evidence is then enough for the authority's decision. No further examination of your fitness to drive is needed for it to decide against you. Whether the order itself was lawful is a separate question that a lawyer specialising in traffic law (Fachanwalt für Verkehrsrecht) can examine. Not every order is lawful.

What happens if you miss the deadline and still have your driving licence?

If you still have your driving licence, a missed deadline usually leads to revocation. Under § 46 (1) FeV, the authority must revoke the driving licence if the holder proves to be unfit, and the conclusion under § 11 (8) FeV is sufficient for this. With revocation, the driving licence expires (§ 46 (6) FeV).

After that, you no longer have a driving licence and must apply for the reissue of the licence (Neuerteilung). The unresolved doubts about your fitness do not disappear as a result. So you are again facing the MPU, only now without a driving licence and with lost time. If you drive anyway after revocation, you are driving without a licence, and that is a criminal offence.

What happens with an application for reissue?

If you have already lost your driving licence and the authority orders an MPU as part of the reissue, the same logic applies. If you do not submit the report on time, the authority may conclude that you are unfit and reject your application. You can submit a new application later, but the MPU requirement remains.

The guide Applying for the reissue of your driving licence explains the reissue process.

And what if the report is negative?

You do not have to submit a negative report. Submitting it is voluntary, and a report that is not submitted remains unknown to the authority. However, this does not change the deadline: if you submit no report within the deadline, § 11 (8) FeV applies again.

The order of steps is therefore important. If you still have your driving licence, you must meet a deadline and therefore have little room for a second attempt. With a reissue, the situation is somewhat more relaxed, because there is no longer a driving licence at stake. The page Failed the MPU shows how things continue after a negative result.

Why is the deadline often not enough for a proof of abstinence?

The deadline is often not enough because a required proof of abstinence (Abstinenznachweis) has to run for 6 or 12 months before the MPU. This is usually the factor that determines the timing of the entire plan. In such cases, a deadline set by the authority quickly becomes too tight if the programme is not yet running.

Do not rely on the authority extending the deadline. Have a lawyer specialising in traffic law examine your options early instead of simply letting the deadline pass. You can read more about deadlines and timetables on the page MPU deadlines.

The worst strategy is to wait. An ignored order almost certainly leads to the loss of your driving licence and still does not solve the fitness problem.

Which mistakes should you avoid after an MPU order?

Most problems do not arise from the order itself, but from how it is handled. You should avoid these mistakes:

• Leaving the letter unopened: the deadline runs from the order, not from the moment you deal with it.
• Hoping for gaps in the case file: only a legal review can clarify whether an order can be challenged, not a "standard solution" from the internet.
• Going to the MPU unprepared just to meet the deadline: a negative result costs money and time.
• Switching to an EU driving licence: without a genuine residence of at least 185 days a year in the issuing country, it will not be recognised, and driving with it is a criminal offence.
• Not reporting the assessment centre: under § 11 (6) FeV, you must tell the authority whom you have commissioned.

What you can do now

1. Read the order immediately and note the deadline, the question and the legal basis.
2. Inspect your file (Akteneinsicht) to know all the facts on which the authority bases its decision.
3. Have the lawfulness and the deadline checked by a lawyer specialising in traffic law if you have doubts.
4. Choose an assessment centre and tell the authority which centre you have commissioned.
5. Start preparation and, if necessary, abstinence immediately: find suitable preparation.