Register & Drive Surplus Military Vehicles

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1097 LLS NO. 26-0081.01 Jery Payne x2157 HOUSE SPONSORSHIP Barron, SENATE SPONSORSHIP Pelton B., House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT CONCERNING AUTHORIZATION TO OPERATE A SURPLUS MILITARY VEHICLE ON THE ROAD.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Current law requires a motor vehicle to be designed for operation on a highway in order to be covered by the "Uniform Motor Vehicle Law", which governs driver's licenses, registrations, and traffic regulation. The bill authorizes the owner of a surplus military vehicle to register the vehicle with the department of revenue and be issued a license plate if: Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

The vehicle complies with the laws governing motor vehicles and traffic; ! The vehicle uses wheels for movement, weighs less than 16,000 pounds empty weight, has a 20,000 pounds gross vehicle weight rating or less, and is not affixed with working mounted firearms; and ! The owner signs an affidavit stating that the vehicle will not be driven on roadways for more than 1,500 miles per year. If the vehicle is registered, it may be driven on roadways and the title can be converted from showing off-highway vehicle to highway-use vehicle, but the vehicle must comply with registration provisions, driver's license provisions, and traffic laws. The bill also authorizes surplus military vehicles to operate on the road if they are authorized emergency vehicles. A qualified surplus military vehicle may be registered as a collector's item. !

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 42-1-102, amend (58)(b); and add (102.6) as follows:

42-1-102. Definitions.

As used in articles 1 to 4 of this title 42, unless the context otherwise requires:

(58) "Motor vehicle":

(b) (I) Includes a low-power scooter for the purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and 42-4-1301.1; and

(II) INCLUDES A SURPLUS MILITARY VEHICLE FOR THE PURPOSES OF:

(A) REQUIRING A DRIVER'S LICENSE TO DRIVE ON A HIGHWAY IN ACCORDANCE WITH ARTICLE 2 OF THIS TITLE 42;

(B) REGISTERING AND TAXING THE VEHICLE PURSUANT TO ARTICLE 3 OR 12 OF THIS TITLE 42 IF THE OWNER HAS ELECTED TO REGISTER THE VEHICLE UNDER SECTION 42-3-103 (1)(d); AND

(C) DRIVING THE VEHICLE ON A HIGHWAY IN ACCORDANCE WITH ARTICLE 4 OF THIS TITLE 42; AND (102.6) "SURPLUS MILITARY VEHICLE" HAS THE MEANING SET FORTH IN SECTION 42-6-102 (20.5).

SECTION 2. In Colorado Revised Statutes, 42-3-103, add (1)(d) as follows:

42-3-103. Registration required or permitted - exemptions rules.

(1) (d) (I) ON AND AFTER JANUARY 1, 2028, THE OWNER OF A SURPLUS MILITARY VEHICLE MAY REGISTER THE VEHICLE WITH THE DEPARTMENT IF:

(A) THE VEHICLE COMPLIES WITH ARTICLE 4 OF THIS TITLE 42;

(B) THE VEHICLE USES WHEELS AND NOT TRACKS FOR MOVEMENT;

(C) THE VEHICLE WEIGHS LESS THAN SIXTEEN THOUSAND POUNDS EMPTY WEIGHT AND HAS A TWENTY THOUSAND POUNDS GROSS VEHICLE WEIGHT RATING OR LESS;

(D) THE VEHICLE IS NOT AFFIXED WITH A WORKING MOUNTED FIREARM; AND

(E) THE OWNER SIGNS AN AFFIDAVIT STATING THAT THE VEHICLE WILL NOT BE DRIVEN ON ROADWAYS FOR MORE THAN ONE THOUSAND FIVE HUNDRED MILES PER YEAR.

(II) IF THE OWNER OF A SURPLUS MILITARY VEHICLE REGISTERS THE VEHICLE WITH THE DEPARTMENT, THE VEHICLE AND OWNER ARE SUBJECT TO THIS ARTICLE 3.

(III) THE OWNER OF A SURPLUS MILITARY VEHICLE MAY REGISTER THE VEHICLE AS A COLLECTOR'S ITEM UNDER ARTICLE 12 OF THIS TITLE 42 IF THE SURPLUS MILITARY VEHICLE IS:

(A) A MILITARY VEHICLE; AND

(B) QUALIFIED TO BE REGISTERED UNDER ARTICLE 12 OF THIS TITLE 42.

SECTION 3. In Colorado Revised Statutes, add 42-4-109.8 as follows:

42-4-109.8. Surplus military vehicles.

A SURPLUS MILITARY VEHICLE THAT IS REGISTERED IN ACCORDANCE WITH ARTICLE 3 OF THIS TITLE 42 MAY BE DRIVEN ON A HIGHWAY. A SURPLUS MILITARY VEHICLE IS SUBJECT TO THIS ARTICLE 4.

(2) THE OWNER OF A SURPLUS MILITARY VEHICLE SHALL NOT DRIVE THE VEHICLE ON OR AUTHORIZE A PERSON TO DRIVE THE VEHICLE ON A ROADWAY FOR MORE THAN ONE THOUSAND FIVE HUNDRED MILES PER YEAR.

(3) A SURPLUS MILITARY VEHICLE MAY BE DRIVEN ON A HIGHWAY IF:

(a) THE SURPLUS MILITARY VEHICLE IS:

(I) OWNED OR LEASED BY A MUNICIPALITY, COUNTY, OR FIRE PROTECTION DISTRICT, AS DEFINED IN SECTION 32-1-103 (7), FOR THE PURPOSE OF ASSISTING WITH FIREFIGHTING EFFORTS, INCLUDING MITIGATING THE RISK OF WILDFIRES; OR

(II) AN AUTHORIZED EMERGENCY VEHICLE; AND

(b) THE SURPLUS MILITARY VEHICLE IS BEING DRIVEN ON THE HIGHWAY IN CONNECTION WITH ASSISTING WITH FIREFIGHTING EFFORTS, OPERATING AS AN AUTHORIZED EMERGENCY VEHICLE, OR BEING MAINTAINED, SERVICED, OR REPAIRED.

SECTION 4. In Colorado Revised Statutes, 42-6-102, amend (11.5)(b)(II) as follows:

42-6-102. Definitions.

As used in this part 1, unless the context otherwise requires:

(11.5) (b) (II) "Off-highway vehicle" does not include:

(A) A surplus military vehicle that is owned or leased by a municipality, county, or fire protection district, as defined in section 32-1-103 (7), for the purpose of assisting with firefighting efforts, including mitigating the risk of wildfires; OR

(B) AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION 42-1-102 (6).

SECTION 5. In Colorado Revised Statutes, add 42-6-149 as follows:

42-6-149. Conversion of surplus military vehicle certificate of title.

A PERSON MAY ELECT TO CONVERT A SURPLUS MILITARY VEHICLE CERTIFICATE OF TITLE FROM SHOWING THAT THE VEHICLE IS AN OFF-HIGHWAY VEHICLE TO SHOWING THAT THE VEHICLE IS AUTHORIZED TO OPERATE ON THE HIGHWAY IF THE VEHICLE IS REGISTERED PURSUANT TO SECTION DEPARTMENT SHALL REVERT THE CERTIFICATE OF TITLE TO SHOW THE SURPLUS MILITARY VEHICLE IS AN OFF-HIGHWAY VEHICLE.

42-3-103 (1)(d). IF THE REGISTRATION EXPIRES, THE

SECTION 6. In Colorado Revised Statutes, 42-12-101, amend the introductory portion and (10) as follows:

42-12-101. Definitions.

As used in this article ARTICLE 12, unless the context otherwise requires: (10) "Motor vehicle" means:

(a) A self-propelled vehicle designed for operation on the highway and not running on rails; OR

(b) A MILITARY VEHICLE AS DEFINED IN SECTION 42-1-102 (52.5).

SECTION 7. In Colorado Revised Statutes, 33-14.5-101, amend (3)(h) as follows:

33-14.5-101. Definitions.

As used in this article 14.5, unless the context otherwise requires:

(3) "Off-highway vehicle" means any self-propelled vehicle that is designed to travel on wheels or tracks in contact with the ground, designed primarily for use off of the public highways, and generally and commonly used to transport persons for recreational purposes. Except as described in subsection (3)(h) of this section, "off-highway vehicle" includes surplus military vehicles as defined in section 42-6-102.

"Off-highway vehicle" does not include the following:

(h) A surplus military vehicle, as defined in section 42-6-102 (20.5), that is:

(I) Owned or leased by a municipality, county, or fire protection district, as defined in section 32-1-103 (7), for the purpose of assisting with firefighting efforts, including mitigating the risk of wildfires; OR

(II) AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION 42-1-102 (6). SECTION 8.

Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1

(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to applications for registrations submitted on or after January 1, 2028.