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Enrolled Version - Final Version House Bill 2417 History

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WVC 17C-17-6A
ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2417

(By Delegates Amores and Kominar)


[Passed April 8, 2005; in effect ninety days from passage.]


AN ACT 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 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.
The requirements of this section are not applicable to propane gas used for household purposes or to respiratory health care products in use by the person operating the vehicle.
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.



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