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.