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Committee advances repeal of obsolete state regulation on hydraulic brake fluid

January 10, 2025 | Transportation, House of Representatives, Legislative, North Dakota


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Committee advances repeal of obsolete state regulation on hydraulic brake fluid
The House Transportation Committee unanimously recommended a due pass on House Bill 1055, a Department of Transportation-sponsored cleanup bill to repeal a state statute addressing hydraulic brake fluid that the DOT no longer enforces because federal motor vehicle safety standards now regulate the product.

Robin Reberg, deputy director for driver safety at the NDDOT, told the committee the statutory provision dated from the 1960s, predating federal regulation. "Given the federal oversight of hydraulic brake fluid, NDTOT is requesting to repeal the corresponding state law to eliminate redundancy and ensure regulatory alignment," Reberg said. Reberg explained that the National Highway Traffic Safety Administration now regulates motor vehicle brake fluids under Federal Motor Vehicle Safety Standard No. 116 (49 C.F.R. 571.116), and manufacturers self-certify compliance with that federal standard.

Committee members pressed Reberg for clarity on whether the DOT has test authority and whether repealing the state law would remove consumer protections; she replied the DOT does not test fluids commercially and the federal standard and labeling requirements (for example DOT 3, DOT 4 labels) are the applicable regulatory framework. Representative Koppelman noted the department’s request was a housekeeping change to remove redundancy.

The committee approved a due-pass recommendation by unanimous roll call. The action forwards the repeal request to the next legislative stage so the state law will no longer duplicate federal oversight of hydraulic brake fluid if enacted by the full Legislature.

Votes at a glance: House Bill 1055 — committee recommendation: Due pass (14–0).

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