ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4120

(By Delegates Caputo, Kuhn, Given,

Pettit, Warner, Sparks and Boggs)


[Passed March 14, 1998; in effect ninety days from passage.]


AN ACT 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. 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: 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.