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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0081.01 Jery Payne x2157 HOUSE BILL 26-1097
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING AUTHORIZATION TO OPERATE A SURPLUS MILITARY101
VEHICLE ON THE ROAD.102
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:
HOUSE SPONSORSHIP
Barron,
SENATE SPONSORSHIP
Pelton B.,
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:1
SECTION 1. In Colorado Revised Statutes, 42-1-102, amend2
(58)(b); and add (102.6) as follows:3
42-1-102. Definitions.4
As used in articles 1 to 4 of this title 42, unless the context5
otherwise requires:6
(58) "Motor vehicle":7
(b) (I) Includes a low-power scooter for the purposes of sections8
42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and9
42-4-1301.1; and10
(II) INCLUDES A SURPLUS MILITARY VEHICLE FOR THE PURPOSES11
OF:12
(A) REQUIRING A DRIVER'S LICENSE TO DRIVE ON A HIGHWAY IN13
ACCORDANCE WITH ARTICLE 2 OF THIS TITLE 42;14
(B) REGISTERING AND TAXING THE VEHICLE PURSUANT TO ARTICLE15
3 OR 12 OF THIS TITLE 42 IF THE OWNER HAS ELECTED TO REGISTER THE16
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VEHICLE UNDER SECTION 42-3-103 (1)(d); AND1
(C) DRIVING THE VEHICLE ON A HIGHWAY IN ACCORDANCE WITH2
ARTICLE 4 OF THIS TITLE 42; AND3
(102.6) "S URPLUS MILITARY VEHICLE " HAS THE MEANING SET4
FORTH IN SECTION 42-6-102 (20.5).5
SECTION 2. In Colorado Revised Statutes, 42-3-103, add (1)(d)6
as follows:7
42-3-103. Registration required or permitted - exemptions -8
rules.9
(1) (d) (I) O N AND AFTER JANUARY 1, 2028, THE OWNER OF A10
SURPLUS MILITARY VEHICLE MAY REGISTER THE VEHICLE WITH THE11
DEPARTMENT IF:12
(A) THE VEHICLE COMPLIES WITH ARTICLE 4 OF THIS TITLE 42;13
(B) THE VEHICLE USES WHEELS AND NOT TRACKS FOR MOVEMENT;14
(C) THE VEHICLE WEIGHS LESS THAN SIXTEEN THOUSAND POUNDS15
EMPTY WEIGHT AND HAS A TWENTY THOUSAND POUNDS GROSS VEHICLE16
WEIGHT RATING OR LESS;17
(D) T HE VEHICLE IS NOT AFFIXED WITH A WORKING MOUNTED18
FIREARM; AND19
(E) THE OWNER SIGNS AN AFFIDAVIT STATING THAT THE VEHICLE20
WILL NOT BE DRIVEN ON ROADWAYS FOR MORE THAN ONE THOUSAND FIVE21
HUNDRED MILES PER YEAR.22
(II) IF THE OWNER OF A SURPLUS MILITARY VEHICLE REGISTERS23
THE VEHICLE WITH THE DEPARTMENT , THE VEHICLE AND OWNER ARE24
SUBJECT TO THIS ARTICLE 3.25
(III) THE OWNER OF A SURPLUS MILITARY VEHICLE MAY REGISTER26
THE VEHICLE AS A COLLECTOR'S ITEM UNDER ARTICLE 12 OF THIS TITLE 4227
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IF THE SURPLUS MILITARY VEHICLE IS:1
(A) A MILITARY VEHICLE; AND2
(B) Q UALIFIED TO BE REGISTERED UNDER ARTICLE 12 OF THIS3
TITLE 42.4
SECTION 3. In Colorado Revised Statutes, add 42-4-109.8 as5
follows:6
42-4-109.8. Surplus military vehicles.7
(1) A SURPLUS MILITARY VEHICLE THAT IS REGISTERED IN8
ACCORDANCE WITH ARTICLE 3 OF THIS TITLE 42 MAY BE DRIVEN ON A9
HIGHWAY. A SURPLUS MILITARY VEHICLE IS SUBJECT TO THIS ARTICLE 4.10
(2) T HE OWNER OF A SURPLUS MILITARY VEHICLE SHALL NOT11
DRIVE THE VEHICLE ON OR AUTHORIZE A PERSON TO DRIVE THE VEHICLE12
ON A ROADWAY FOR MORE THAN ONE THOUSAND FIVE HUNDRED MILES PER13
YEAR.14
(3) A SURPLUS MILITARY VEHICLE MAY BE DRIVEN ON A HIGHWAY15
IF:16
(a) THE SURPLUS MILITARY VEHICLE IS:17
(I) O WNED OR LEASED BY A MUNICIPALITY , COUNTY , OR FIRE18
PROTECTION DISTRICT , AS DEFINED IN SECTION 32-1-103 (7), FOR THE19
PURPOSE OF ASSISTING WITH FIREFIGHTING EFFORTS , INCLUDING20
MITIGATING THE RISK OF WILDFIRES; OR21
(II) AN AUTHORIZED EMERGENCY VEHICLE; AND22
(b) T HE SURPLUS MILITARY VEHICLE IS BEING DRIVEN ON THE23
HIGHWAY IN CONNECTION WITH ASSISTING WITH FIREFIGHTING EFFORTS,24
OPERATING AS AN AUTHORIZED EMERGENCY VEHICLE , OR BEING25
MAINTAINED, SERVICED, OR REPAIRED.26
SECTION 4. In Colorado Revised Statutes, 42-6-102, amend27
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(11.5)(b)(II) as follows:1
42-6-102. Definitions.2
As used in this part 1, unless the context otherwise requires:3
(11.5) (b) (II) "Off-highway vehicle" does not include:4
(A) A surplus military vehicle that is owned or leased by a5
municipality, county, or fire protection district, as defined in section6
32-1-103 (7), for the purpose of assisting with firefighting efforts,7
including mitigating the risk of wildfires; OR8
(B) AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION9
42-1-102 (6).10
SECTION 5. In Colorado Revised Statutes, add 42-6-149 as11
follows:12
42-6-149. Conversion of surplus military vehicle certificate of13
title.14
A PERSON MAY ELECT TO CONVERT A SURPLUS MILITARY VEHICLE15
CERTIFICATE OF TITLE FROM SHOWING THAT THE VEHICLE IS AN16
OFF-HIGHWAY VEHICLE TO SHOWING THAT THE VEHICLE IS AUTHORIZED TO17
OPERATE ON THE HIGHWAY IF THE VEHICLE IS REGISTERED PURSUANT TO18
SECTION 42-3-103 (1)(d). I F THE REGISTRATION EXPIRES , THE19
DEPARTMENT SHALL REVERT THE CERTIFICATE OF TITLE TO SHOW THE20
SURPLUS MILITARY VEHICLE IS AN OFF-HIGHWAY VEHICLE.21
SECTION 6. In Colorado Revised Statutes, 42-12-101, amend22
the introductory portion and (10) as follows:23
42-12-101. Definitions.24
As used in this article ARTICLE 12, unless the context otherwise25
requires:26
(10) "Motor vehicle" means:27
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(a) A self-propelled vehicle designed for operation on the highway1
and not running on rails; OR2
(b) A MILITARY VEHICLE AS DEFINED IN SECTION 42-1-102 (52.5).3
SECTION 7. In Colorado Revised Statutes, 33-14.5-101, amend4
(3)(h) as follows:5
33-14.5-101. Definitions.6
As used in this article 14.5, unless the context otherwise requires:7
(3) "Off-highway vehicle" means any self-propelled vehicle that8
is designed to travel on wheels or tracks in contact with the ground,9
designed primarily for use off of the public highways, and generally and10
commonly used to transport persons for recreational purposes. Except as11
described in subsection (3)(h) of this section, "off-highway vehicle"12
includes surplus military vehicles as defined in section 42-6-102.13
"Off-highway vehicle" does not include the following:14
(h) A surplus military vehicle, as defined in section 42-6-10215
(20.5), that is:16
(I) Owned or leased by a municipality, county, or fire protection17
district, as defined in section 32-1-103 (7), for the purpose of assisting18
with firefighting efforts, including mitigating the risk of wildfires; OR19
(II) AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION20
42-1-102 (6).21
SECTION 8. Act subject to petition - effective date -22
applicability. (1) This act takes effect at 12:01 a.m. on the day following23
the expiration of the ninety-day period after final adjournment of the24
general assembly (August 12, 2026, if adjournment sine die is on May 13,25
2026); except that, if a referendum petition is filed pursuant to section 126
(3) of article V of the state constitution against this act or an item, section,27
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or part of this act within such period, then the act, item, section, or part1
will not take effect unless approved by the people at the general election2
to be held in November 2026 and, in such case, will take effect on the3
date of the official declaration of the vote thereon by the governor.4
(2) This act applies to applications for registrations submitted on5
or after January 1, 2028.6
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