Tank Failed Hydro Test

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For future reference this a locator for DOT certified hydro test sites:

https://portal.phmsa.dot.gov/rinlocator

I picked up an old SCBA tank with 2 years of useful life left and within five years of it's last hydro but decided to have it re-hydro'd. The lookup was pretty easy. After all was said and done the equipment at the hydro facility failed calibration and I had to wait a month until new equipment was available. In the end my tank passed on the new equipment. The company I went with does all the testing for the local fire departments.
 
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Is that LEGAL protocol when a tank fails, destroy it? Who is the bonehead and what is the name of that shop that did that? I would sue them for that tank if they didn’t test to what CC is saying. This was your property and they had no business destroying it. If I am wrong I will eat my words and stand corrected but I think that was BS for them to do to a 6 year old tank that’s supposed to last 15 years. 
 
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I just off tthe phone with a guy who drives all over NM to test tanks for the fire fighters, fire departments, and police stations. He told me he knows the guy who tested my tank and said he knows what he is doing and has no doubt he did a good job. He said it's part of DOT regulations to immediately destroy the tank if the tank fails.
 
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I just off tthe phone with a guy who drives all over NM to test tanks for the fire fighters, fire departments, and police stations. He told me he knows the guy who tested my tank and said he knows what he is doing and has no doubt he did a good job. He said it's part of DOT regulations to immediately destroy the tank if the tank fails.
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According to the CFR (code of Federal Regulations) this is NOT correct.

https://www.law.cornell.edu/cfr/text/49/180.205

Yes the cylinder must be "condemned" (because it exceeded the REE) , but here is the text in reference to that. In order for the tester to render the cylinder incapable of holding pressure, it must be at the direction of the owner.

(2) When a cylinder must be condemned, the requalifier must -

(i) Stamp a series of X's over the DOT specification number and the marked pressure or stamp “CONDEMNED” on the shoulder, top head, or neck using a steel stamp;

(ii) For composite cylinders, securely affix to the cylinder a label with the word “CONDEMNED” overcoated with epoxy near, but not obscuring, the original cylinder manufacturer's label; or

(iii) As an alternative to the stamping or labeling as described in this paragraph (i)(2), at the direction of the owner, the requalifier may render the cylinder incapable of holding pressure.
 
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Just what I thought, recertification failure doesn’t mean destruction without the owners approval. Sounds like some bonehead needs to re-examine and reacquaint himself with the law. What he did MAY have been Illegal to destroy private property without approval. Mark it yes, destroy without approval no. You basically paid someone to destroy your property. Your life is worth more than any tank but people in the testing business need to follow the law to the LETTER, not their interpretation. 
 
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I am supposing you still have the fill valve for the tank? I ask because my local air guy sells used tanks with fresh hydros on them. I was in there wed and he had 1 left for $120. I do not remeber manufacturing date but I am pretty sure it had at least 7 years left on it This guy does alot of the local fire depts around here. It would require the valve to be swapped but maybe you could find a similar deal locally? Anyone have any idea what it costs to ship a tank?
 
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