What Exactly Is an Off Highway Vehicle, and How Do I Tag and Register One?

Dirt Legal really got its start in the off-road business. A core group of states has been open to making off-road vehicles street-legal for years. Not surprisingly, these are the Western States (NOT the Pacific Coast states, mind you).

For example, these states (Montana, South Dakota, and Arizona) still embody the Wild West. They represent something in the fiber of the American Spirit. They are still wild places. Unfortunately, much of the Union does not reflect this wild and free attitude. Out there, you can basically do whatever you want with any vehicle, even if it was originally built as “off-highway” or not street-legal from the factory.

But not every state is that way.

One of the things we see a lot of in less-friendly states are law enforcement and local courts trying to work around a street-legal UTV or ATV being recognized as street-legal. This would be a case of not following reciprocity laws, but that is a different talk for a different time. 

Right now, we need to define what an Off-Highway Vehicle is and take a look at how you can tag and register one, regardless of where you live, and get street legal easier than you ever thought was possible.

Side-By-Sides

UTVs are new to the scene and were just adaptations of small utility vehicles that made their way onto farms, golf courses, and other places where highly capable four-wheel drive vehicles were needed, but a truck couldn’t access them. 

John Deere had the first vehicles that were widely used, which were the first-generation Gators. While these were a far cry from today’s UTVs, they were a huge leap in personal utility vehicles.  

These early units would not drive on highways or public roads; any of you who drove them know that 15mph was about the top end. They used what were basically lawn-mower engines. But they laid the foundation for much more powerful machines. 

Modern UTVs, or side-by-sides (SXSs), are more trucks than utility machines. A Polaris RZR Turbo R produces a heart-pounding 181 horsepower from the 925cc mill. Unreal. 

However, despite being as easily capable of traversing public roads as most cars and able to keep up at highway speeds, they are defined as ‘off-highway vehicles.’ This primarily comes from the factory where they are labeled as off-highway vehicles, and then reinforced by the states. 

See, this is really a state-level issue, not a federal one. 

ATVs

ATVs are in the same boat as UTVs. They are clearly designed to be off-highway vehicles, and the manufacturer’s certificate of origin is branded accordingly. This is the biggest hurdle to overcome, but it is not insurmountable at all. 

See, the MCO is not a title. The MCO is just an origin certificate. It says what it is, who made it, and the pertinent details of the vehicle. It is not a legal document; the only legal document is the title. 

Everything else up until the title is an accessory to the title. Bill of sale? Just a tool to get the title. So is the MCO. 

The state controls titles. They issue them, they define them.

This is why it does not matter what the MCO says. If the state you are registering the UTV or ATV for street legal use allows them on the roads, they will issue a title accordingly. 

And when you get said title, it will probably define the vehicle as something other than an ATV or UTV. 

For example, Montana will define it as a quadricycle on their title, which is acceptable in most, if not all, states.     

Further reading: How to Make a UTV Street Legal in Montana

Dirt Bikes

So, dirt bikes are a little less of a gray area. 

A dirt bike is a motorcycle. There are really only a handful of things that need to be done to an off-highway dirt bike to make it street-legal, most of which just involve the DOT-required items:

• White headlight with low and high beam

• Red taillight with brighter or separate brake light

• Reflector: yellow front and rear

• white license plate light

• Front and rear turn signals

• DOT tires

• Mirrors

• Horn

• Quiet exhaust with muffler

• Spark arrestor (if you plan to use trails, OHV areas, etc.)

No inspections are required, so this is just on you so you don’t get pinged for driving illegally. 

Surplus Military Vehicles

Now, on to my specialty and my absolute favorite topic: surplus military vehicles.

I love talking about these vehicles. There are so many of them, they are so capable and just cool.

So, here’s the deal: a lot of states will register these with no problem. But some states are much easier to register vehicles in than others. Also, some states (i.e., Montana) have no sales tax or low sales tax (South Dakota has a 4% sales tax rate), making them a lot more reasonable than other locales (my home county is up to 11.35%). 

Now, if you buy a surplus vehicle straight from an auction house that has never been titled or registered in civilian hands, it will be branded as an off-highway vehicle. 

These vehicles will be sold with a standard government form, the SF-97. 

Think of this as sort of like the MCO for ATVs and UTVs. It is simply a certificate that states the vehicle's size, weight, etc. 

You will use this for the titling process. 

Another thing we need to mention is how some states (at least two) are openly hostile to the street legalization of surplus military vehicles. Colorado and California will not register them in-state, and Colorado is somewhat ambiguous about whether or not they will even allow them to drive regardless of where it is tagged. 

Read about Colorado: Military Vehicle Motor Vehicle Regulation | Colorado General Assembly & Restrict Off-highway Vehicles On Public Roads | Colorado General Assembly

And California: Cali Carb Surplus Army Trucks

Colorado gives me more pause because they state outright that even OHVs tagged in another state are illegal to operate. I’m not sure if that means just ATVs and UTVs, or if surplus military vehicles are in that mix, too. To err on the side of caution, I would say that they might pull you over. Of course, a lot of it depends on location. 

If you’re cruising through Mineral County, population 910, the odds of getting clipped for driving a military surplus truck are probably much lower than cruising through Denver. Use common sense. 

What Do I Need To Register These Vehicles?

It’s not really hard to register any of these vehicles. 

All you need is one of the required proofs of ownership (bill of sale, MCO, or SF-97), proof of insurance, and anything else required our registration programs.

The biggest thing is making sure you have valid proof of ownership. If you get that nailed down, the rest is simple, it’s just time and money.  

Does My Off-Road Vehicle Have A Title?

A state issues a title. Each state has its own requirements for a title for both OHV and on-road vehicles.

Many states require it for both, which is a good feature. Titles certify ownership, so it’s a lot harder to falsify ownership when a title is issued. 

Once you go through our registration process, a title will be issued in the state of your choice, along with registration and a tag.  

How About a VIN?

Most ATVs and UTVs have a VIN, which will go on the title, just like a car. 

It is a 17-digit combination of numbers and letters, just like an automobile, so there is little difference in the VIN. They are issued on off-highway vehicles for the same reason as passenger cars: crime prevention. 

Does it come with an OHV title? Bill of sale? Or something else?

To complete our registration programs, you have to provide proof of ownership in one form, which is generally:

• Bill of sale

• MCO

• SF-97 for military surplus

• Title

• Transferable registration

“But I thought you said I’d get a title?”

Yes. With our program, it doesn’t matter what state your plate ends up in thanks to reciprocity. You can use any state’s title or registration as proof of ownership going in, and coming out, you’ll have a plate and title certifying your ownership of a street legal off-highway vehicle. Sweet, right?

Parting Thoughts

There are 50 states plus a bunch of territories that all have their own way of doing things. We can help you register and title your OHV, but you really do need to do your homework on how friendly or hostile your state is on the use of tagged ATVs and UTVs on public roads.

And it can vary from county to county, town to town, based entirely on the preference of the local law enforcement community. They might not win the cases, but they can sure make you miserable while you plead your case. 

If this sounds like something you want to try for your OHV, check out our street-legalization programs. And if you have any questions, we’re only a phone call away.