H. B. 2873
(By Delegates Manuel and Butcher)
[Introduced February 23, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section six, article seventeen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the requirement that certain loads of motor vehicles be
covered; and making the operator and the owner of the
vehicle violating this section guilty of a misdemeanor.
Be it enacted by the Legislature of West Virginia:
That section six, article seventeen, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
§17C-17-6. Loads to be securely fastened and not allowed to
leak, escape, etc.
(a) No vehicle or combination of vehicles shall may be operated on any highway unless such the vehicle or combination of
vehicles is so constructed or loaded as to prevent any of its
load from dropping, sifting, leaking, or otherwise escaping
therefrom, except that sand may be dropped for the purpose of
securing traction, or water or other substance may be sprinkled
on a roadway in cleaning or maintaining such the roadway.
(b) It shall be is unlawful to operate on any highway any
vehicle or combination of vehicles with any load unless said the
load and any covering thereon is securely fastened so as to
prevent said covering or load from becoming loose, detached, or
in any manner a hazard to other users of the highway.
It is unlawful for any person to operate, on any roadway,
any vehicle or combination of vehicles with any load of coal,
cinders, gravel, sand, stone, wood chips or any other like
material unless the load is securely covered to prevent any
escape of the load except that sand or other material may be
dropped for the purpose of securing traction, or water or other
substance may be sprinkled on a roadway in cleaning or
maintaining such roadway.
The operator and the owner of any vehicle violating this
section are guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than two hundred fifty dollars.
NOTE: The purpose of this bill is to provide for the
mandatory covering of any vehicles carrying loads of coal,
cinders, gravel, sand, stone, wood chips or other like materials
on any roadway by vehicles or combination of vehicles, in order
to prevent the escape of such material, and to establish that the
operator or owner of any vehicle in violation of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred fifty dollars.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.