S T A T E O F N E W Y O R K
________________________________________________________________________
9397
2025-2026 Regular Sessions
I N A S S E M B L Y
December 19, 2025
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the regis-
tration and titling of surplus military vehicles purchased from the
federal government
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature hereby
finds and declares that:
1. New York residents legally purchase surplus United States Depart-
ment of Defense vehicles through authorized federal surplus property
programs and auctions, including but not limited to GovPlanet, GSA
Auctions, and other federal contractors.
2. Such surplus vehicles are routinely accompanied by federal documen-
tation including Standard Form 97 (U.S. Government Certificate to Obtain
Title), U.S. Department of Justice titles, or other official federal
transfer documents used by states throughout the nation to issue lawful
titles and registrations.
3. Under federal disposal rules, "surplus" vehicles differ signif-
icantly from "decommissioned" military vehicles. Surplus vehicles do not
contain active offensive or defensive military capabilities and are not
required to be demilitarized or destroyed.
4. New York residents who purchase such surplus vehicles and subse-
quently install department of transportation-compliant glass, lighting,
tires, mirrors, and other safety equipment--and who pass an official New
York State safety and emissions inspection--should not be prohibited
from titling, registering, or operating said vehicles on public high-
ways.
5. The current absence of statutory clarity has resulted in the
department of motor vehicles refusing to title or register federally
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14230-01-5
A. 9397 2
documented surplus vehicles, causing substantial financial loss to resi-
dents and contradicting federal intent for surplus property utilization.
Therefore, the purpose of this act is to establish a clear, uniform,
and lawful pathway for the titling and registration of surplus military
vehicles in New York State once they are made road-legal and pass
inspection.
§ 2. The vehicle and traffic law is amended by adding a new section
401-c to read as follows:
§ 401-C. REGISTRATION OF SURPLUS MILITARY VEHICLES. 1. FOR PURPOSES OF
THIS SECTION, "SURPLUS MILITARY VEHICLE" SHALL MEAN A VEHICLE PREVIOUSLY
OWNED BY THE UNITED STATES DEPARTMENT OF DEFENSE OR ANY FEDERAL AGENCY,
SOLD OR TRANSFERRED THROUGH AN AUTHORIZED FEDERAL SURPLUS PROPERTY
PROGRAM, AND ACCOMPANIED BY ONE OR MORE OF THE FOLLOWING DOCUMENTS:
A. STANDARD FORM 97;
B. A U.S. DEPARTMENT OF JUSTICE TITLE; OR
C. ANY OTHER FEDERAL CERTIFICATE OF RELEASE OR TRANSFER USED TO OBTAIN
STATE-ISSUED TITLE.
2. THE DEPARTMENT SHALL ISSUE A NEW YORK STATE CERTIFICATE OF TITLE
AND REGISTRATION FOR ANY SURPLUS MILITARY VEHICLE THAT MEETS ALL OF THE
FOLLOWING CONDITIONS:
A. THE APPLICANT PRESENTS VALID FEDERAL SURPLUS TRANSFER DOCUMENTATION
AS DEFINED IN SUBDIVISION ONE OF THIS SECTION;
B. THE VEHICLE HAS BEEN EQUIPPED WITH DOT-COMPLIANT SAFETY GLASS,
LIGHTING, TIRES, AND OTHER EQUIPMENT REQUIRED UNDER NEW YORK STATE LAW;
C. THE VEHICLE PASSES A NEW YORK STATE INSPECTION PERFORMED AT AN
INSPECTION STATION LICENSED UNDER SECTION THREE HUNDRED THREE OF THIS
CHAPTER; AND
D. THE VEHICLE DOES NOT CONTAIN ACTIVE OFFENSIVE OR DEFENSIVE MILITARY
SYSTEMS.
3. THE DEPARTMENT SHALL NOT DENY TITLE OR REGISTRATION SOLELY ON THE
BASIS THAT A VEHICLE WAS FORMERLY USED BY THE UNITED STATES MILITARY OR
SOLELY ON THE BASIS THAT IT IS CATEGORIZED AS "DECOMMISSIONED" BY
DEPARTMENT PERSONNEL, PROVIDED THE VEHICLE SATISFIES THE REQUIREMENTS OF
SUBDIVISION TWO OF THIS SECTION.
4. WHERE NECESSARY, THE DEPARTMENT MAY CONDUCT A SUPPLEMENTAL SAFETY
INSPECTION THROUGH THE VEHICLE SAFETY DIVISION, BUT SUCH INSPECTION
SHALL BE PERFORMED WITHIN THIRTY DAYS OF THE APPLICANT'S REQUEST. FAIL-
URE TO CONDUCT SUCH INSPECTION WITHIN THIS PERIOD SHALL RESULT IN DEEMED
APPROVAL.
5. REGISTERED SURPLUS MILITARY VEHICLES SHALL BE TREATED AS PASSENGER
VEHICLES OR TRUCKS IN ACCORDANCE WITH THEIR WEIGHT CLASS AND USAGE, AND
MAY BE LAWFULLY OPERATED ON ALL PUBLIC HIGHWAYS OF THIS STATE.
§ 3. This act shall take effect immediately and shall apply to all
applications pending or submitted on or after such effective date.