White Opinion No. 1381 et seq. The federal program is based on a self-certification system. Manufacturers certify compliance with the standards after the required testing, laboratory reports, and other data are compiled.
Remedies enforced under the Safety Act include substantial penalties and recall campaigns.
Enforcement of the same brake fluid standards under the Texas plan require that the manufacturer, or their agents, furnish a sample of the fluid and file an application for registration of the brake fluid for marketing in Texas. The application includes either a test report from an independent laboratory showing compliance with the federal standard or a current copy of an American Association of Motor Vehicle Administrators equipment approved certificate for brake fluid. Your office informs us that the Texas registration takes less than two weeks upon receipt of the proper materials. Different jurisdictions have reached different conclusions with regard to whether their state standards were preempted depending on the details of the various states' statutes. In applying such general consideration, the Court has consistently required a clear indication of congressional intent to displace state regulation.