Key legal question
Whether Art. 23(3) VZV applies after three failures of the theoretical driving test.
Extracted holding
Yes. The rule on repeated failure applies generally to both the theoretical and practical driving tests; a third failure can trigger the requirement of a favorable traffic-psychological opinion.
Extracted reasoning
The wording and purpose of Art. 23 VZV do not limit paragraph 3 to the practical test. It establishes a general rule for repeated failure of the driving examination as such.