DOT Expiration date on early Tanks?

[duckbill]

Duckbill--I'm not sure if your are kidding. Besides I thought it was illegal to transport a tank that was not up to date, not just across state lines. As in: pick it up and carry it to my car would be transporting it. No?

It's your cylinder, your private property. You can do with it whatever you want as long as it doesn't violate anyone else's rights. JMO.

I could go on and on regarding the legality of departments and regulations as opposed to Constitutionally authorised Congressional law, but I'll avoid a political discussion here and say that the original intent of the DOT (ICC of old) was to oversee interstate commerce (buying and selling across state lines). Regulations were not originally supposed to affect you and me, but now that regulations have wrongfully been given the force of law, and the DOT now regulates intrastate commerce as well, it may very well be that the DOT can cite one for simply transporting one's own cylinder in one's privately-owned vehicle within one's own state. If so, it's sad how far we have gotten from what our founding fathers were willing to die for on our behalf. Just a pet peeve of mine.

 

[fppf]

I don't think there is a DOT officer that will write you for transporting and using your own personal cylinder.

That said, most people get there cylinders filled at a commercial place of busness and pay for that service. Because of this, the dive shop could get cited for filling an improper cylinder.

Now, if you had your own compressor, filled your own cylinder, and used your own cylinder, I don't think the DOT has anything to say about it. Unless of course your transporting more then 1000 lbs worth of cylinders, then they will have something to say. But again, most people don't have that many cylinders.

That being said, IF something where to happen with said cylinder, that was not up to industry standards and hurt someone other then you, your screwed. The civil trial lawyers will have a field day and you will end up bankrupt most likely.

 

[captain]

Interstate transport and interstate commerce are two different things. Unless you are transporting something for sale and not personal use, it's not commerce. Having a tank filled in one state and bringing it back to another is not interstate commerce. Filling a tankin one state, transporting it to another and then renting it to a third person...is.

Just what I recall from a business law class like 20+ years ago.

ka

Copied from the regulations,

Person means an individual, firm, copartnership, corporation, company, association, or joint-stock association (including any trustee, receiver, assignee, or similar representative); or a government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports a hazardous material to further a commercial enterprise or offers a hazardous material for transportation in commerce.

 

[JamesBon92007]

It's your cylinder, your private property. You can do with it whatever you want as long as it doesn't violate anyone else's rights. JMO.

I could go on and on regarding the legality of departments and regulations as opposed to Constitutionally authorised Congressional law, but I'll avoid a political discussion here and say that the original intent of the DOT (ICC of old) was to oversee interstate commerce (buying and selling across state lines). Regulations were not originally supposed to affect you and me, but now that regulations have wrongfully been given the force of law, and the DOT now regulates intrastate commerce as well, it may very well be that the DOT can cite one for simply transporting one's own cylinder in one's privately-owned vehicle within one's own state. If so, it's sad how far we have gotten from what our founding fathers were willing to die for on our behalf. Just a pet peeve of mine.

I'm thinking I should have added a winky or something to my comments--I was simply expressing my personal understanding of what I thought the law was. I am in complete agreement with you concerning our misguided government and it has not been a week since I told them so. Hell, I like SCUBA diving so much I'm surprised they didn't make it illegal many years ago. I'm sure they could claim it costs too much for decompression chambers or something and start adding a $25 per fill charge for air "for the children." My favorite beach diving spot went from being free to $15 to park so I suppose they already got me. But that's California, not the feds.

 

[duckbill]

I'm sure they could claim it costs too much for decompression chambers or something and start adding a $25 per fill charge for air "for the children."

Man, don't give them any ideas!

 

[AfterDark]

Man, don't give them any ideas!

Took the words right out of my mouth! Thanks

 

[Thalassamania]

Interstate transport and interstate commerce are two different things. Unless you are transporting something for sale and not personal use, it's not commerce. Having a tank filled in one state and bringing it back to another is not interstate commerce. Filling a tankin one state, transporting it to another and then renting it to a third person...is.

Just what I recall from a business law class like 20+ years ago.

ka

Interstate Commerce is one thing, interstate transport however, is covered by the Mann Act and concern the transport of females across state lines for “immoral purposes”.

 

[kingairpilot]

Interstate Commerce is one thing, interstate transport however, is covered by the Mann Act and concern the transport of females across state lines for “immoral purposes”.

That's a whole nother topic for a whole nother thread.

 

[Bob DBF]

Interstate Commerce is one thing, interstate transport however, is covered by the Mann Act and concern the transport of females across state lines for “immoral purposes”.

But officer, we were only going SCUBA diving. Honest!

At this point,at least, they wouldn't be checking your tanks.



Bob
--------------------------------
I have no knowledge of, nor would I discuss if I did have any knowledge of any such event, if it did in fact occur.

 

[PhilEllis]

I believe the cylinder in question was an SP6498 cylinder. It had not been over-stamped with the 3AL stamp. Further, we have chosen not to fill 6351T6 cylinders. I think the instruction to Matt was that certain hydro facilities would possibly do the over-stamp at this late date and would hydro the cylinders. That said, local filling would not be possible at our store.

Phil Ellis
Discount Scuba Gear at DiveSports.com - Buy Scuba Diving Equipment & Snorkeling Equipment