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Committee Substitute House Bill 2417 History

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WVC 17C-17-6A
COMMITTEE SUBSTITUTE

FOR

H. B. 2417


(By Delegates Amores and Kominar)

(Originating in the Committee on the Judiciary)


[February 23, 2005]


A BILL to amend and reenact §17C-17-6a of the Code of West Virginia, 1931, as amended, relating to safe transport of compressed gas containers.

Be it enacted by the Legislature of West Virginia:
That §17C-17-6a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-6a. Vehicles transporting compressed gas containers.

It is unlawful for any person operating a vehicle transporting any container of compressed gas as a cargo or part of a cargo upon a highway in an open motor vehicle to transport a container designed to receive a valve protection cap that is unsecured, uncapped or that has a gauge attached, unless it is securely braced, equipped with an individual shutoff valve that must be tightly closed while in transit and its valves are protected by one of the following methods:
(1) By equipping the cylinder with securely attached metal caps of sufficient strength to protect valves from damage during transportation;
(2) By boxing or crating the cylinder with securely attached metal caps of sufficient strength so as to protect valves from damage during transportation; or
(3) By constructing the cylinder so that the valve is recessed into the cylinder or otherwise protected to the extent that it will not be subjected to a blow when the container is dropped onto a flat surface.
Provided, That
The requirements of this section shall not apply to propane gas used for household use shall be exempt purposes.
The commissioner of the division of highways is hereby authorized and directed to propose a legislative rule governing the transportation of compressed gas containers by vehicles upon the highways for promulgation in accordance with the provisions of chapter twenty-nine-a of this code.



NOTE: The purpose of this bill is to specify safety requirements for transporting compressed gas on state highways.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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