Army Doc
I have a copy of the memo you cite from Ruth Johnson, Michigan Secretary of State. Here is a link to it on the Michigan SOS website:
https://www.michigan.gov/documents/sos/Humvee_Info_Letter_526983_7.pdf
I believe it is rife with errors. Starting with her statement that "The Federal government mandates that Humvees are restricted to off-road use only."
Per Susan Lowe, of the Public Affairs Office of the Defense Logistics Agency, the agency charged with selling off vehicles at the end of their service life, "the ultimate decision on whether a state will license these vehicles for on-road use is a decision within discretion of state licensing authorities based on state law." I'll try to upload a copy of my correspondence with her, but I first ran across this info in this article:
https://www.usnews.com/news/best-st...may-share-roads-with-military-surplus-humvees
Ms. Lowe explained SF-97 for HMMWVs are annotated with "off road use only" as a prudent measure to alert state licensing authorities HMMWVs do not meet Federal Motor Vehicle Safety Standards. (She did not explain why HMMWVs are singled out for this dubious 'honor' as all Vehicles manufactured pursuant to military specifications and sold directly to the U.S. military are exempt, and therefore not tested. Only the HMMWV is stamped.)
The FMVSS only apply to new vehicles. (Not used vehicles) By there own admission, the National Highway Traffic Safety Administration (the component of DOT that extabishes and enforces the FMVSS) has no authority over the disposition that any owner wishes to make of his motor vehicle, whether civilian or military.."
See:
https://isearch.nhtsa.gov/gm/93/nht93-5.2.html
Ms. Johnson also states in her memo "the federal government requires the buyer to sign an end-use agreement acknowledging the Humvee cannot be registered for street use, as well as a Hold Harmless Agreement..."
The EUC does not mention any restriction on road use. As you probably know, the buyer must state how he will utilize his HMMWV. You could interject your own restriction here, but I put "for intended use (as a personal utility vehicle)" on my EUC and it cleared, so clearly no restriction is required.
I believe the Hold Harmless Agreement is irrelevant to state licensing rules. It only protects Gov Planet and the DLA from liability connected with the HMMWV. As one Steel Soldiers member stated (I'm paraphrasing) The Hold Harmless Agreement might instead say you must wear a clown nose and shoes when you drive your HMMWV, but that would not be binding on the DMV either.
I don't see how an "Off-Road Use Only" notice on the auction website is binding either.
Furthermore, The NHTSA has ruled that the HMMWV was manufactured primarily for use on public roads, twice. When AM General sought a determination from the NHTSA that military tactical vehicles (including the HMMWV) were not manufactured primarily for highway use, they paradoxically argued that the M998 HMMWV complied with MIL-STD-1180B, a military performance safety standard "comparable to the Federal motor vehicle safety standards." The NHTSA doubled down on an earlier ruling, and determined that the HMMWV is manufactured primarily for use on public roads.
See:
https://isearch.nhtsa.gov/gm/88/nht88-1.29.html
I hope some of this information helps you.