We are probably picking nits here as I think we are saying the same thing. Perhaps the first, if a cylinder is not used in commerce a hydro is not needed. This may not be smart but ...
Second, what would a hydro shop do if presented with such a cylinder? Would they perform the hydro? If so would they mark it? I do not know.
Speaking for myself since I run a Hydro testing facility, if I was presented this cylinder for testing, I would condemn it. Now, before accepting the cylinder, I would let the owner know this and he can decide whether or not to leave it with me (and have it condemned) or take it himself. But if I recieve a cylinder and stamp it/return it to service/ or even test without stamping, I leave myself open to hefty fines from the DOT. (technically, I would stamp it and mark it. I would stmap "condemned" on the crown and X out the markings)Think of me what you want, but im not going to risk my buisness and hard earned money because someone wants to keep using a tank that has the exemption expired.