H.
B.
4047
(By Delegates Wallace and Rowe, (By Request))
[Introduced January 18, 1994; referred to the
Committee on Roads and Transportation then
the Judiciary.]
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 vehicle be covered and making the operator and the owner of the vehicle violating this article guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than two hundred fifty dollars.
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 be operated on any highway unless such 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 roadway.
(b) It shall be unlawful to operate on any highway any vehicle or combination of vehicles with any load unless said 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 article 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 article shall be 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.
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