Under Pressure
Guest
I just found out about this thread tonight and read through the entire thing. I was wondering when something like this would happen. True - the DOT largely only regulates interstate commerce, but since many states adopt the DOT laws verbatim, it is largely the law of the land. True - there is an exemption for personal use. But if the transporter is selling the contents, then it is commerce and not personal use. True - there are exemptions for a certain amount of cylinders. But the thread discusses a large variance in quantity. The only way to find this out for sure is to write a letter to the DOT and you never - ever - never/ever do that unless you are willing to abide by their answer. The reality of the situation is that there is not much difference between a dive store transporting tanks to a dive location and one of the major gas producers transporting cylinders to a plumbing supply house. There is absolutely no question that the major gas producer is required to follow the HAZMAT laws and they are placarded, hazmat bills of lading, training, etc. But it is real difficult to differentiate between what they are doing and what the dive store is doing. Both the major gas producer and the dive store own the tanks (cylinders) and are selling the contents. (ergo "commerce") There is absolutely no doubt that if I am carrying my own 2-3 tanks in the trunk of my car to the beach that I am exempt. But there appears to be some doubt about when the quantity gets to an amount above a certain quantity (let the games begin) and if the company/person transporting the tanks is in the business of "commerce". I agree with one of the earlier writers - pay the fine.
