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.