H. B. 2136
(By Delegates Love and Pettit)
[Introduced February 16, 1993; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact section six, article seventeen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
loads to be securely fastened and not allowed to leak,
escape, or become detached thus, posing a hazard to users of
the highway; criminal penalties increased.
Be it enacted by the Legislature of West Virginia:
That section six, article seventeen, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-6. Loads to be securely fastened and not allowed to
leak, escape, etc.
(a) No vehicle or combination of vehicles shall be operated
on any highway unless such vehicle or combination of vehicles is
so constructed or loaded as to prevent any of its load fromdropping, sifting, leaking, or otherwise escaping therefrom,
except that sand may be dropped for the purpose of securing
traction, or water or other substance may be sprinkled on a
roadway in cleaning or maintaining such roadway.
(b) It shall be unlawful to operate on any highway any
vehicle or combination of vehicles with any load unless said load
and any covering thereon is securely fastened so as to prevent
said covering or load from becoming loose, detached, or in any
manner a hazard to other users of the highway.
(c) It is a misdemeanor for any person to violate any of the
provisions of this section unless each violation is by this
chapter or other law of this state declared to be a felony.
(d) Any person who violates the provisions of this section
is guilty of a misdemeanor, and, upon conviction thereof, shall
be for a first conviction be fined not more than five hundred
dollars or imprisoned for not more than ten days; for a second
conviction within one year thereafter such person shall be fined
not more than seven hundred dollars or imprisoned not more than
twenty days or both fined and imprisoned; upon a third or
subsequent conviction such person shall be fined not more than
one thousand dollars or imprisoned not more than six months or
both fined and imprisoned. The provisions of section one,
article eighteen, chapter seventeen-c of the West Virginia code,
do not apply to violations of this section.
NOTE: The purpose of this bill is to increase the fines for
motor vehicle operators who fail to properly secure and fasten
their loads causing their loads to leak, escape, or become
detached posing a hazard to users of the highway.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.