CHAPTER 492

AN ACT to provide for the regulation of the transportation of explosives
and other dangerous artieles in this State; to provide penalties for
violations; and to repeal Sections 56-183, 56-134 and 56-135 of the
Code of Virginia, relating to the same subject. 8 281]

[

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. § 1. Definitions—Unless a different meaning is clearly required by
the context:

(1). The term “highway” as used herein shall mean and include any
public street, alley, road, tunnel, bridge, viaduct, turnpike or parkway.

(2). The term “dangerous articles” as used herein shall mean ex-
plosives, flammable liquids, flammable solids, oxidizing materials, corro-
sive liquids, compressed gases, poisonous substances and radioactive ma-
terials as hereinafter defined when transported as cargo.

(3). The word “person” as used herein shall mean and include any
individual, partnership, association or corporation.

(4). The term “flammable liquids” as used herein shall mean any
liquid which gives off flammable vapors (as determined by flash point from
Tagliabue’s open cup tester, as used for test of burning oils) at or below
a temperature of 80 degrees F.

(5). The term “flammable solid” as used herein shall mean any solid
substance other than an explosive, as hereinafter defined, which is liable,
under conditions incident to transportation, to cause fires through friction,
through absorption of moisture, through spontaneous chemical changes,
or as a result of retained heat from the manufacturing or processing.

(6). The term “oxidizing material’? as used herein shall mean any
substance such as chlorate, permanganate, peroxide, or a nitrate that
yields oxygen readily to stimulate the combustion of organic matter.

(7). The term “corrosive liquids” as used herein shall mean those
acids, alkaline caustic liquids and other corrosive liquids which, when in
contact with living tissue will cause severe damage of such tissue by
chemical action; or in case of leakage, will materially damage or destroy
other freight by chemical action; or are liable to cause fire when in contact
with organic matter or with certain chemicals.
CH. 492] ACTS OF ASSEMBLY 107

(8). The term “compressed gas” as used herein shall mean any mate-
rial or mixture having in the container either an absolute pressure exceed-
ing 40 pounds per square inch at 70 degrees F., or an absolute pressure
exceeding 104 pounds per square inch at 130 degrees F., or both, or any
liquid flammable material having a Reid * vapor pressure exceeding 40
pounds per square inch absolute at 100 degrees F. (* American Society for
Testing Materials Method of Test for Vapor Pressure of Petroleum Prod-
ucts. D-323). ;

(9). The term “poisonous substances” shall mean liquids and gases
of such nature that a very small amount of the gas, or vapor of the liquid,
mixed with air is dangerous to life; or such liquid or solid substances as
upon contact with fire or when exposed to air give off dangerous or in-
tensely irritating fumes; or substances which are chiefly dangerous by
external contact with the body or by being taken internally.

(10). The term “radioactive materials” as used herein shall mean
any material or combination of materials that spontaneously emits ionizing
radiation.

(11). The term “explosive” shall be held to mean and include any
chemical compound or mechanical mixture that is commonly used or
intended for the purpose of producing an explosion, that contains any
oxidizing and combustible units, or other ingredients, in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion,
by percussion, or by detonator, or any part of the compound or mixture
may cause such a sudden generation of highly heated gases that the
resultant gaseous pressures are capable of producing destructive effects
on contiguous objects or of destroying life or limb.

§ 2. Unlawful to transport except as prescribed.—It shall be un-
lawful to ship or transport within the territorial limits of this Common-
wealth, whether by motor vehicle, boat, airplane, or any other means
of conveyance, any dangerous article except in the manner prescribed by
the State Corporation Commission. It shall be the duty of the Commis-
sion, from time to time, within its discretion, to promulgate rules and
regulations fixing maximum amounts of various dangerous articles, except
as to flammable liquids, which may be transported in any manner and the
methods of packing and marking the same. In all instances in which such
dangerous articles are transported by motor vehicle over the highways of
this Commonwealth such motor vehicle must be conspicuously marked or
placarded on each side and rear thereof with the word “DANGEROUS” or
the common or generic name of the substance transported or its principal
hazard; provided, however, that the Commission may, by regulation, pre-
scribe with respect to specifically dangerous articles the minimum quantities
below which no placard shall be required.

§ 3. Penalty for violation—Any violation of any provision of the
foregoing section, or the rules and regulations of the Commission promul-
gated pursuant thereto, shall constitute a misdemeanor and shall be pun-
ishable for a first offense, by a fine of not less than ten dollars nor
more than fifty dollars, or by confinement in jail for a period not to exceed
sixty days, or both, and for a subsequent offense, by the penalty of not
less than fifty dollars nor more than one thousand dollars, or by confine-
ment in jail for not less than sixty days nor more than six months, or both.

§ 4. Enforcement.—The enforcement of the provisions of the fore-
going sections shall be the duty of the State Corporation Commission and
the Department of State Police, together with all Iaw enforcement and
peace officers of this Commonwealth.

§ 5. Not to preclude exercise of other regulatory powers.—The
provisions herein shall not be construed so as to preclude the exercise of
the regulatory powers of any agency, department or political subdivision
708 ACTS OF ASSEMBLY [va., 1956

of the Commonwealth having statutory authority to exclude dangerous
articles or cargoes from specified highways or portions thereof.

§ 6. Exceptions.—Nothing herein contained shall apply to shipment
or transportation of dangerous articles in interstate commerce when
packed, marked, labeled, or accompanied by shipping papers in conformity
with the applicable regulations of the Interstate Commerce Commission
and placarded in conformity therewith; nor to the regular military or
naval forces of the United States, nor tothe duly authorized militia of any
State or Territory thereof, nor to the police or fire departments of this
Commonwealth, providing the same are acting within their official capacity
and in the performance of their duties; nor to motor vehicles when trans-
porting bulk flammable liquids by tank truck.

§ 7. Severability—If any term or provision of this Act or of any
regulation promulgated thereunder shall be declared unconstitutional or
ineffective in whole or in part by a court of competent jurisdiction, then
to the extent that it is not unconstitutional or ineffective such term or
provision shall remain in full force and effect, and such adjudication shall
not be deemed to affect any other term or provision of this Act or of any
regulation promulgated thereunder.

2. Sersons 56-133, 56-134 and 56-135 of the Code of Virginia are hereby
repealed.