Thanks for clarifying about the pre-test NOT being required.
I did not want the tank back in order to use it, only for the possibility of having it re-tested with the pre-test to find out if it was a case of a false positive.
I have been putting off replying to this until I talked to someone that actually known’s something about contract laws and regulations. After talking to our legal counsel at work I wrote the following email to a friend:
"All galvanized cylinders should go through the pretest expansion procedure. This applies to all hot dipped galvanized cylinders (special permits and 3AA codes). Many call the pre-test procedure, the "round-out" procedure, but it turns out that that is not accurate.
The galvanizing coating is a bonded zinc layer. The zinc layer is very thin. It is so thin that it is not a structural component, but it still behaves as a by-metallic composite structure. The zinc layer is very thin, but it still affects the rate of elastic expansion return of the overall composite structure.
The pre-test requirements just involve pre-stretching the cylinder by pumping it to 90% of the test pressure. Holding it for about a minute and then releasing the pressure. Then performing the hydro test.
This requirement is not from the DOT. It is from the manufacturer and it doesn't conflict with any DOT regulation or code (this is very important).
Some have argued (in ScubaBoard) that because it is not a DOT requirement the facility is not required to perform it. Well that is not exactly accurate either. The DOT may not enforce it, but you can still take it to a small claims court for violating a manufacturers requirement and ruining your personal property.
I asked this to our legal counsel (at work) and she agreed that the manufacturers requirement is still holds if a shop agrees to perform a service on that equipment. I am not a lawyer (I am engineer), but my argument to her was that if I take my car to a certified auto-mechanic to perform a required service. The manufacturer of my car very specifically provides a required procedure on how to perform that service. The mechanic decides to do it his own way for whatever reason and he ruins my car. He is liable for the damage he caused by not following the manufacturers required procedure.
That should be the end of the story, but as always, very few things are that easy. According to our legal counsel (again I am not a lawyer) the judge in a small claims court may have a lot of latitude to decide. She agreed that I have a strong case, but normally nothing is that simple... "
I have personally have had tree cylinders replaced by a hydro tester that erroneously condemned them. It never went as far as even needing to threaten with small claims court or even reporting to DOT. I just politely requested the test data and when I saw it I notice several discrepancies… It didn’t take much before he realized that he screwed up.
If anyone else has actual relevant legal knowledge please share with us.