ENGROSSED

COMMITTEE SUBSTITUTE

FOR

H. B. 4120

(By Delegates Caputo, Kuhn, Given,

Pettit, Warner, Sparks and Boggs)

(Originating in the Committee on the Judiciary)

[March 2, 1998]


A BILL to amend article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six-a, relating to the transportation of compressed gas containers; defining a misdemeanor offense of transporting compressed gas containers unsecured, uncapped or with gauges attached, subject to criminal penalties.

Be it enacted by the Legislature of West Virginia:
That article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section six-a, to read as follows:
ARTICLE 17. EQUIPMENT.

§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: Provided, That propane gas used for household use shall be exempt.
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 require that persons transporting compressed gas containers in open motor vehicles cap and secure them and transport them without gauges attached.

This section is new; therefore, strike-throughs and underscoring have been omitted.