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Not submitting a negative MPU report: what happens then?

The MPU report goes to you, not the authority. What happens if you do not submit a negative report, and when this still has consequences.

Titelbild: Not submitting a negative MPU report: what happens then?

In short

You do not have to submit a negative MPU (medical-psychological assessment) expert report (Gutachten): you commission the assessment yourself, the expert report goes to you, and submitting it to the driving licence authority (Führerscheinstelle) is voluntary. Not submitting it still has consequences, though, because without an expert report submitted in time, the authority may conclude under § 11 Abs. 8 FeV that you are unfit to drive. What this means for you depends on whether you still have your licence or are applying for its reissue (Neuerteilung).

Why does the MPU expert report go to you and not to the authority?

The MPU expert report goes to you because you commission the assessment centre yourself. § 11 Abs. 6 FeV (Driving Licence Regulation, Fahrerlaubnis-Verordnung) states that the assessment is carried out on the basis of an order placed by the person concerned. The authority orders the MPU but does not commission the centre itself.

A negative expert report therefore remains unknown to the authority as long as you do not submit it. Only the assessment centre (Begutachtungsstelle für Fahreignung) and you know its content. The page MPU expert report explains how the report is structured and which results are possible.

However, the MPU does not remain completely invisible to the authority. You have to tell it which centre you have commissioned with the assessment, and the authority sends your documents and its question there. So it knows that an assessment is under way, just not how it turned out.

What happens if you do not submit an expert report?

If you do not submit an expert report within the deadline set, the driving licence authority (Fahrerlaubnisbehörde) may, under § 11 Abs. 8 FeV, conclude that you are unfit to drive when making its decision. It must already point out this consequence to you in the order.

For the authority, the missing evidence is then enough. It does not have to examine your fitness further in order to decide against you. What this means in practice depends on your situation:

Your situationWhat happens without an expert reportWhat you should watch out for
You still have your licenceThe authority may conclude that you are unfit and withdraw your licence (§ 46 Abs. 1 FeV)Keep a close eye on the deadline, get legal advice early
You are applying for reissueThe authority may conclude that you are unfit, and your application then has no prospect of successPlan a new attempt so that a positive expert report follows
The expert report recommends a course under § 70 FeVWithout submitting it, the course route is not openSubmit the expert report with the course certificate; the authority must agree before the course starts

The guide Missed the MPU deadline describes exactly how the deadline rule works. The page MPU order explains your rights and obligations around the order.

When does it make sense to hold back a negative expert report?

Holding back a negative expert report makes sense if you want to use the time for genuinely working through your case and making a new attempt. A submitted negative report documents your unfitness in black and white; one that is held back does not.

This gives you room for manoeuvre, especially with a reissue. There is no fixed waiting period between two MPU attempts. You can address the reasons given in the expert report in a targeted way and only then try again. If you still have your licence, things are tighter, because the authority's deadline keeps running.

Note: Holding back does not mean concealing. If the assessor asks about earlier MPUs at your next attempt, answer honestly. Contradictions cost more credibility than an openly explained first attempt.

What should you do with the negative expert report instead?

Instead, you should work with the negative expert report, because it is the most valuable source of information for your next attempt. It states which requirements were not met from the assessment centre's point of view.

  1. Read it in full: write down every point of criticism made by the assessor.
  2. Check the hypothesis: which case group did the assessor assume, for example A2 instead of A3 for alcohol? This determines whether 12 months of abstinence are needed.
  3. Identify the causes: was it the evidence, contradictions or a lack of insight?
  4. Check for a course recommendation: if the expert report recommends a course under § 70 FeV, that is a separate route on which you do submit the report.
  5. Make a new plan: start abstinence immediately if necessary, work through your case in more depth, and only register again once your evidence is complete.

The page Failed the MPU explains the reasons for and consequences of a negative result. The guide Second MPU attempt describes the roadmap for a fresh start.

Does a course recommendation count as a negative expert report?

A course recommendation is not a negative expert report in the strict sense, but a result of its own. The expert report then states that a course under § 70 FeV is suitable for remedying the shortcomings in your fitness to drive.

Under § 11 Abs. 10 FeV, the certificate of attendance is then usually enough instead of a new MPU. The conditions are that the course is recognised under § 70 FeV, that you do not hold a driving licence and that the authority agreed to your participation before the course started. So for this route you have to submit the expert report. This rule does not apply to orders because of points (§ 4 Abs. 10 StVG) or under § 11 Abs. 3 Nr. 4 to 7 FeV.

How long can you still use an expert report later?

An expert report has no statutory expiry date, but in practice authorities usually only accept it for about 1 to 3 years (guide value). This mainly concerns positive expert reports, which you should not leave lying around for too long.

For your negative expert report, this means: over time it loses not only its significance for the authority but also its value as a statement about where you stand now. What matters for the next attempt is what has demonstrably changed since then. The fee for the expert report is charged again for every attempt, for alcohol or drugs about €550–750 (guide value 2026).

What you can do now

  1. Check whether you still have your licence and until when the authority's deadline runs.
  2. Read the negative expert report in full and write down every point of criticism.
  3. Check whether the expert report recommends a course under § 70 FeV, and if so, clarify the authority's consent.
  4. If a deadline is running or withdrawal is threatened, have a specialist lawyer for traffic law (Fachanwalt für Verkehrsrecht) look at your case.
  5. Plan your next attempt with professional support: find suitable preparation.

Frequently asked questions

Does the assessment centre send the expert report to the driving licence authority?

No, the expert report goes to you, because you commission the assessment yourself (§ 11 Abs. 6 FeV). You decide whether to submit it to the authority. But the authority knows which centre you have commissioned.

What happens if I take the MPU but do not submit anything?

Once the deadline has passed, the authority may conclude under § 11 Abs. 8 FeV that you are unfit to drive. If you still have your licence, it may be withdrawn. In a reissue procedure, your application has no prospect of success without a positive expert report.

Do I have to tell the next assessor that I have failed before?

If the assessor asks about earlier MPUs, you should answer honestly. Contradictions cost credibility. An openly explained first attempt with visible change makes a much better impression than one that was kept quiet.

Can I book a new appointment immediately after a negative expert report?

Yes, there is no fixed waiting period between two attempts. But a new appointment only makes sense once you have demonstrably addressed the reasons given in the expert report. Otherwise you pay the fee for the expert report again without better prospects.

The big pictureBan period, deletion and time limits around the MPU – clearly explained

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