COMMITTEE SUBSTITUTE
FOR
H. B. 4593
(By Delegates Amores and Kominar)
(Originating in the Committee on the Judiciary)
[March 1, 2004]
A BILL to amend and reenact §17C-17-6a of the code of West
Virginia, 1931, as amended, relating to safe transport of
compressed gas containers.
Be it enacted by the Legislature of West Virginia:
That §17C-17-6a of the code of West Virginia, 1931, as
amended, be amended and reenacted 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 to transport
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, unless it is securely
braced, equipped with an individual shutoff valve that must be
tightly closed while in transit and its valves are protected by one of the following methods:
(1) By equipping the cylinder with securely attached metal
caps of sufficient strength to protect valves from damage during
transportation;
(2) By boxing or crating the cylinder so as to protect valves
from damage during transportation; or
(3) By constructing the cylinder so that the valve is recessed
into the cylinder or otherwise protected to the extent that it will
not be subjected to a blow when the container is dropped onto a
flat surface: Provided, That
The requirements of this section shall not apply to propane
gas used for household purposes 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.