810-5-1-.238 Registration of Motor Vehicles Not Subject to Titling
(1) The following motor vehicles are generally not manufactured to comply
with federal and state statutes, rules, and regulations governing safety, emissions, and
antitheft standards, and cannot be titled or registered in Alabama unless they meet the
requirements in paragraph two (2) below:
(a) A dune buggy defined as an open chassis off-road recreational vehicle
primarily designed or modified for off-road use on sand dunes or beaches. A dune
buggy may also be referred to as a rail buggy, air buggy, or sand rail.
(b) A golf cart defined as an off-road recreational vehicle primarily designed
and manufactured for use on a golf course for sporting or recreational purposes.
(c) A Utility Task Vehicle (UTV) or Recreational Off Highway Vehicle (ROV)
defined as a motorized off-road vehicle designed to travel on four or more non-highway
tires, with a steering wheel, non-straddle seating, seat belts, an occupant protective
structure, and engine displacement up to 1,000 cc.
(d) An All-Terrain Vehicle (ATV) also known as a quad, quad bike, three-
wheeler, or four-wheeler, defined as a vehicle that travels on low-pressure tires, with a
seat that is straddled by the operator, along with handlebars for steering control. Engine
sizes usually range from 49 to 1,000 cc (3 to 61 cubic inches).
(2) In order to determine if a motor vehicle not subject to titling may be
registered, the license plate issuing official must physically inspect the vehicle and
vehicle ownership documentation to verify one of the following before issuing a license
plate or transferring a registration:
(a) The manufacturer’s statement of origin (MSO) or manufacturer’s certificate
of origin (MCO) must state that the vehicle complies with the Federal Motor Vehicle
Safety Standards (FMVSS). The MSO, title, or bill of sale may reflect that the vehicle is
for off road use only, which indicates that the vehicle is not intended for use on the
public roadways and cannot be registered.
(b) A certification label meeting the requirements of 49 CFR Part 567 that,
among other things, identifies the vehicle’s manufacturer (i.e., the actual assembler of
the vehicle), vehicle identification number that conforms with 49 CFR Part 565
requirements, the vehicle’s date of manufacture (month and year), and containing the
following statement: “This vehicle conforms to all applicable federal motor safety
standards in effect on the date of manufacture shown above.”
(3) A mini-truck as defined in §40-12-240, Code of Ala. 1975, is exempt from
titling; however, a mini-truck may be issued a license plate that is restricted to non-
interstate use in accordance with §32-6-59, Code of Ala. 1975.
(4) A motor-driven cycle as defined in §32-1-1.1, Code of Ala. 1975, is
exempt from titling; however, a motor-driven cycle may be issued a motorcycle license
plate. Every motor-driven cycle is required to have a vehicle emission control
information label. This label includes the engine displacement. The label should be
permanently affixed to the cycle and readily accessible. Locations may vary; however,
the most common locations are under the seat and on the frame rails. In addition, the
MSO should contain the engine displacement. If the MSO is not available and the decal
has been removed or altered and unreadable, the engine displacement may be
established using a title history that included the MSO or a statement from the
manufacturer attesting to the cycle's engine displacement.
(5) A low speed vehicle (LSV) is exempt from titling; however, a LSV may be
issued a license plate that is restricted to non-interstate use if the LSV complies with
FMVSS as provided in 49 CFR Section 571.500. Note: a LSV is not a golf cart or a
UTV.
(6) Motor vehicles that are 25 model years old or older are not subject to
FMVSS and may be titled and registered with proper ownership documentation.
(7) All motor vehicles not subject to titling that are eligible to be registered
must have proper ownership documentation. This documentation includes a bill of sale,
court order, properly assigned certificate of origin or certificate of title, or any other
documentation as specified by the department.
Author: James Starling
Authority: §§ 32-1-1.1, 32-6-59, 40-2A-7(a)(5), and 40-12-240, Code of Ala. 1975
and 49 C.F.R. Section 571.500
History: New rule: Filed July 26, 2013, effective August 30, 2013.
Amended: Filed January 6, 2016, effective February 10, 2016.
Amended: Filed July 20, 2020; effective September 14, 2020.