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A09397 Summary:

BILL NOA09397
 
SAME ASNo Same As
 
SPONSORBrown E
 
COSPNSR
 
MLTSPNSR
 
Add §401-c, V & T L
 
Requires the registration of surplus military vehicles previously owned by the United States department of defense or any federal agency, sold or transferred through an authorized federal surplus property program.
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A09397 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9397
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Legislative findings and  intent.  The  legislature  hereby
     2  finds and declares that:
     3    1.  New  York residents legally purchase surplus United States Depart-
     4  ment of Defense vehicles through  authorized  federal  surplus  property
     5  programs  and  auctions,  including  but  not  limited to GovPlanet, GSA
     6  Auctions, and other federal contractors.
     7    2. Such surplus vehicles are routinely accompanied by federal documen-
     8  tation including Standard Form 97 (U.S. Government Certificate to Obtain
     9  Title), U.S. Department of Justice titles,  or  other  official  federal
    10  transfer  documents used by states throughout the nation to issue lawful
    11  titles and registrations.
    12    3. Under federal disposal rules,  "surplus"  vehicles  differ  signif-
    13  icantly from "decommissioned" military vehicles. Surplus vehicles do not
    14  contain  active offensive or defensive military capabilities and are not
    15  required to be demilitarized or destroyed.
    16    4. New York residents who purchase such surplus  vehicles  and  subse-
    17  quently  install department of transportation-compliant glass, lighting,
    18  tires, mirrors, and other safety equipment--and who pass an official New
    19  York State safety and emissions  inspection--should  not  be  prohibited
    20  from  titling,  registering,  or operating said vehicles on public high-
    21  ways.
    22    5. The current absence  of  statutory  clarity  has  resulted  in  the
    23  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
 
     1  documented surplus vehicles, causing substantial financial loss to resi-
     2  dents and contradicting federal intent for surplus property utilization.
     3    Therefore,  the  purpose of this act is to establish a clear, uniform,
     4  and lawful pathway for the titling and registration of surplus  military
     5  vehicles  in  New  York  State  once  they  are made road-legal and pass
     6  inspection.
     7    § 2. The vehicle and traffic law is amended by adding  a  new  section
     8  401-c to read as follows:
     9    § 401-c. Registration of surplus military vehicles. 1. For purposes of
    10  this section, "surplus military vehicle" shall mean a vehicle previously
    11  owned  by the United States department of defense or any federal agency,
    12  sold or transferred  through  an  authorized  federal  surplus  property
    13  program, and accompanied by one or more of the following documents:
    14    a. Standard Form 97;
    15    b. a U.S. Department of Justice title; or
    16    c. any other federal certificate of release or transfer used to obtain
    17  state-issued title.
    18    2.  The  department  shall issue a New York state certificate of title
    19  and registration for any surplus military vehicle that meets all of  the
    20  following conditions:
    21    a. the applicant presents valid federal surplus transfer documentation
    22  as defined in subdivision one of this section;
    23    b.  the  vehicle  has  been  equipped with DOT-compliant safety glass,
    24  lighting, tires, and other equipment required under New York state law;
    25    c. the vehicle passes a New York  state  inspection  performed  at  an
    26  inspection  station  licensed  under section three hundred three of this
    27  chapter; and
    28    d. the vehicle does not contain active offensive or defensive military
    29  systems.
    30    3. The department shall not deny title or registration solely  on  the
    31  basis  that a vehicle was formerly used by the United States military or
    32  solely on the basis  that  it  is  categorized  as  "decommissioned"  by
    33  department personnel, provided the vehicle satisfies the requirements of
    34  subdivision two of this section.
    35    4.  Where  necessary, the department may conduct a supplemental safety
    36  inspection through the vehicle  safety  division,  but  such  inspection
    37  shall  be performed within thirty days of the applicant's request. Fail-
    38  ure to conduct such inspection within this period shall result in deemed
    39  approval.
    40    5. Registered surplus military vehicles shall be treated as  passenger
    41  vehicles  or trucks in accordance with their weight class and usage, and
    42  may be lawfully operated on all public highways of this state.
    43    § 3. This act shall take effect immediately and  shall  apply  to  all
    44  applications pending or submitted on or after such effective date.
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