Exploding Tank in Utila

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I think it could be interpreted that way, although it could be interpreted your way as well, the post is perhaps a little ambiguous. But that's really beside the main point, it appears the shop has the legal authority to confiscate a tank and put it in the scrap pile, but not the legal authority to drill holes or otherwise render the tank inert from future usage as a scuba tank ? Or was the tank voluntarily surrendered to the dive shop by the original owner, and later stolen from the scrap pile by a different person ? And does the dive shop have any liability for not rendering the tank inert/useless from ever being put back in service ?
Now that you've edited your post, I no longer can say Agreed. That post #56 is ambiguous, I agree. But all that "legal aufhority" stuff is inapplicable.
 

Great questions.. The next questions should be imho...
Does this change the owners/operators attitudes towards questionable tanks?
Do they institute a tank inspection regiment?
The percentage of divers that even know of the death/injury will be low. So no real pressure to make a long term change - unless someone is going to jail.
 
Now that you've edited your post, I no longer can say Agreed. That post #56 is ambiguous, I agree. But all that "legal aufhority" stuff is inapplicable.

Someone had legal authority to condemn the tank, so there appears to be some regulatory/legal involvement.
 
Someone had legal authority to condemn the tank, so there appears to be some regulatory/legal involvement.
Wrong choice of words.

Anyone can "condemn" a cylinder or say that in their opinion is is unsuitable to fill.

It is then up to the owner of the cylinder to either accept that opinion, take it somewhere else in the hope they'll accept and fill it, or get in inspected by someone who has a recognised qualification to pass the cylinder

I, for instance could, inspect your cylinder and give a yes no. My experience and qualifications far exceed that of your PSA (or whatever), but I don't actually have a bit of paper that says I can.

I couldn't get into trouble for deciding a cylinder was unfit for service, but the sky would fall in on me if I claimed the cylinder was fit for purpose and it substantially failed
 

I, for instance could, inspect your cylinder and give a yes no. My experience and qualifications far exceed that of your PSA (or whatever), but I don't actually have a bit of paper that says I
can

Experience is one thing. What are these qualifications that don’t have a piece of paper”?
 
Experience is one thing. What are these qualifications that don’t have a piece of paper”?
As he has previously stated he has experience as a metallurgist which gives him knowledge that far exceeds what an average tester will know. He can not condemn certify a tank officially as he is not a "recognised tester".
 
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As he has previously stated he has experience as a metallurgist which gives him knowledge that far exceeds what an average tester will know. He can not condemn a tank officially as he is not a "recognised tester".

You can only CERTIFY a tank officially (Hydro or VIS) which allows a shop to fill it. Forget this “condemned” BS - it’s just noise. If the tank does not have a current Hydro stamp and VIS sticker, it should not get filled by a LDS.
 
I am a little confused with all the comments about legal authority during inspections and VIP requirements. I believe it was already established that this accident occurred in Honduras and it was the personal property of a local fisherman as opposed to a shop catering to recreational divers. I know that I have never seen a sticker in Mexico and cannot remember seeing them in Curacao or Roatan. This does not mean they were not inspected and tracked by an alternate procedure, it only means no stickers. These are individual nations and they may have different legal requirements, the question would be ‘what is the legal requirement in Honduras’ not what we do in the US, UK, EU……

The second key item is the word ‘fisherman’, in most of the world where local fisherman are concerned it has been my observation is that all regulations and safety practices are more like theoretical vision statements as opposed to actual practices.
 
I
I am a little confused with all the comments about legal authority during inspections and VIP requirements. I believe it was already established that this accident occurred in Honduras and it was the personal property of a local fisherman as opposed to a shop catering to recreational divers. I know that I have never seen a sticker in Mexico and cannot remember seeing them in Curacao or Roatan. This does not mean they were not inspected and tracked by an alternate procedure, it only means no stickers. These are individual nations and they may have different legal requirements, the question would be ‘what is the legal requirement in Honduras’ not what we do in the US, UK, EU……

The second key item is the word ‘fisherman’, in most of the world where local fisherman are concerned it has been my observation is that all regulations and safety practices are more like theoretical vision statements as opposed to actual practices.

I agree but like every thread on SB, we've now moved on to debating other issues. Naturally, all US based.

Bottom line: Somehow people think that LDS or Tank Inspectors can either "drill holes into/file out the threads/confiscate and condemn" SCUBA tanks that fail inspections for structural reasons. The reality is that we can't. You can stamp "CONDEMNED" on the neck and return it to the customer. They are free to buy a compressor and fill their tank to whatever pressure they want and go diving. All we can do is refuse to do that. The end.
 
You can only CERTIFY a tank officially (Hydro or VIS) which allows a shop to fill it. Forget this “condemned” BS - it’s just noise. If the tank does not have a current Hydro stamp and VIS sticker, it should not get filled by a LDS.
I have amended my post to change condemn to certify to reflect the poor choice of words.
 

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