Someone above said:
DOT regulations are regulations, not voluntary, consensus standards. This means that it is illegal to transport pressurized cylinders across state lines which are deliberately overfilled. Let me give you a scenario:
A dive vehicle is transponting diving cylinders with a 40% overfill from New Jersey to New York for a dive (it could be Oregon to Washington, it makes no difference), and has an accident. That accident results in a fire, which the fire department responds to. They do not know you have a pressurized cylinder in the vehicle that is on fire, and go to put it out. This cylinder, in addition to having been overfilled, has had it's burst disc tampered with too. In the fire, the cylinder fails catestrophically, and the resulting explosion throws chunks of car and cylinder into the fire truck less than 100 feet away. A fireman is killed from flying debries. The driver, who is also an instructor and the diver who filled the scuba cylinder, was very seriously injured, but not killed. He will require years of rehab to begin functioning normally from his injuries.
An investigation begins. If the dive vehicle is a private vehicle, than probably the best they could do is to go after the people on a liability suit. The fire department's worker's compensation carrier would file the suit as a third party action, against the divers personally. What they would be able to get, who knows, but they would try.
Now let's say that the vehicle is owned by a dive shop, and a dive shop employee not only is the driver, but also an instructor hired by the dive shop to train students at a remote dive location. He is also the person who filled the tank, and tampered with the burst disc, and he did this either on instructions from the dive shop owner, or with the dive shop owner's knowledge. Here, we have a new ball game for the insurance company, and for the victim's family.
Because the dive shop owner knew about the overfills, and these led to a catestrophic accident, he could be both personally liable (possible criminally, I'm no lawyer, but I think that's within the realm of possibility), and subject to an OSHA citation for willfully disregarding OSHA pressurized cylinder regulations (yes, OSHA does have these regulations). The dive shop operator faces hundreds of thousands of dollars in claims costs for the compensible injury to his instructor. He also faces a possible third party suit from the fire department's worker's comp carrier, and potentially from the fire department's liability carrier too. After all this, the dive shop probably would have extreme difficulty getting workers comp and liability insurance, and may go out of business.
This is the type of situation you face when you deliberately overfill the tanks. It is not only limited to the tank blowing up in the shop, and causing the cylinder to weaken and not pass its next hydro. You face some potentially devistating legal action (at least in the USA) as a possible consequence.
Remember, whenever there is an employee/employer relationship, OSHA kicks in and does have regulations which cover these things (I'm about to start another thread about this aspect of technical diving, which I don't think most technical divers are aware of). Last summer, the Boy Scouts of America lost a scout when a cannon they were firing blew up. Oregon OSHA did fine the BSA just over $1000 for the accident, citing information that they should have known about, and a lack of training of the adults present (it was a high school kid who was killed), using the wrong gunpowder, using the wrong method of firing it off, and using a cast iron cannon (which is really made for ceremonial events, as opposed to actual firing) as the reason for the fines. That's not much for a death; I don't know whether there was any liability action going on, but that's usually done independently from any OSHA action.
I could see a similar line of reasoning for anyone deliberately overfilling air cylinders. This is just one possibility; there are many more.
By the way, if you really want to know the reason for the actual pressure rating on a cylinder, ask the manufacturer. These are performance regulations, and the manufacturers are required to have this data available to OSHA, DOT and others to justify their pressure rating. If there is a difference between two seemingly similar cylinders, again ask the manufacturer. They could be a different metal composition, different heat treatment, or they may be the same and complying with different regulations (as some have said earlier).
In any case, it is never o good idea to deliberately overfill a cylinder. You are then taking all the liability of that action on your own. The manufacturer will disown you in a liability situaton. Saying "everyone's doing it" doesn't cut it either, legally. You are responsible for your actions, and no one else will accept any liability for a product that has been deliberately abused.
For those who say they need the extra air, I say your dive planning needs better attention. I've heard dive shop personnel say that today's divers are sometimes so out-of-shape that they need huge cylinders simply to stay down the equivalent time as an in-shape diver with a regular cylinder. "I need a bigger cylinder" is the response, rather than "I'm really out-of-shape and need a personal fitness program" such as swimming a mile or two, three times a week.
SeaRat
So you agree that following the industry standard (it's a voluntary standard, not a regulation) of doing an annual VIP is important as is following the regulation requiring a hydro test every 5 years. However, I need to clarify this, you feel it is OK to ignore the regulation limiting the fill pressure to what is stamped on the shoulder plus 10% if the tank is plus rated just because they fill similar tanks approved in europe under different engineering standards to higher pressures? Sounds like picking and choosing your saftey rules to me.
DOT regulations are regulations, not voluntary, consensus standards. This means that it is illegal to transport pressurized cylinders across state lines which are deliberately overfilled. Let me give you a scenario:
A dive vehicle is transponting diving cylinders with a 40% overfill from New Jersey to New York for a dive (it could be Oregon to Washington, it makes no difference), and has an accident. That accident results in a fire, which the fire department responds to. They do not know you have a pressurized cylinder in the vehicle that is on fire, and go to put it out. This cylinder, in addition to having been overfilled, has had it's burst disc tampered with too. In the fire, the cylinder fails catestrophically, and the resulting explosion throws chunks of car and cylinder into the fire truck less than 100 feet away. A fireman is killed from flying debries. The driver, who is also an instructor and the diver who filled the scuba cylinder, was very seriously injured, but not killed. He will require years of rehab to begin functioning normally from his injuries.
An investigation begins. If the dive vehicle is a private vehicle, than probably the best they could do is to go after the people on a liability suit. The fire department's worker's compensation carrier would file the suit as a third party action, against the divers personally. What they would be able to get, who knows, but they would try.
Now let's say that the vehicle is owned by a dive shop, and a dive shop employee not only is the driver, but also an instructor hired by the dive shop to train students at a remote dive location. He is also the person who filled the tank, and tampered with the burst disc, and he did this either on instructions from the dive shop owner, or with the dive shop owner's knowledge. Here, we have a new ball game for the insurance company, and for the victim's family.
Because the dive shop owner knew about the overfills, and these led to a catestrophic accident, he could be both personally liable (possible criminally, I'm no lawyer, but I think that's within the realm of possibility), and subject to an OSHA citation for willfully disregarding OSHA pressurized cylinder regulations (yes, OSHA does have these regulations). The dive shop operator faces hundreds of thousands of dollars in claims costs for the compensible injury to his instructor. He also faces a possible third party suit from the fire department's worker's comp carrier, and potentially from the fire department's liability carrier too. After all this, the dive shop probably would have extreme difficulty getting workers comp and liability insurance, and may go out of business.
This is the type of situation you face when you deliberately overfill the tanks. It is not only limited to the tank blowing up in the shop, and causing the cylinder to weaken and not pass its next hydro. You face some potentially devistating legal action (at least in the USA) as a possible consequence.
Remember, whenever there is an employee/employer relationship, OSHA kicks in and does have regulations which cover these things (I'm about to start another thread about this aspect of technical diving, which I don't think most technical divers are aware of). Last summer, the Boy Scouts of America lost a scout when a cannon they were firing blew up. Oregon OSHA did fine the BSA just over $1000 for the accident, citing information that they should have known about, and a lack of training of the adults present (it was a high school kid who was killed), using the wrong gunpowder, using the wrong method of firing it off, and using a cast iron cannon (which is really made for ceremonial events, as opposed to actual firing) as the reason for the fines. That's not much for a death; I don't know whether there was any liability action going on, but that's usually done independently from any OSHA action.
I could see a similar line of reasoning for anyone deliberately overfilling air cylinders. This is just one possibility; there are many more.
By the way, if you really want to know the reason for the actual pressure rating on a cylinder, ask the manufacturer. These are performance regulations, and the manufacturers are required to have this data available to OSHA, DOT and others to justify their pressure rating. If there is a difference between two seemingly similar cylinders, again ask the manufacturer. They could be a different metal composition, different heat treatment, or they may be the same and complying with different regulations (as some have said earlier).
In any case, it is never o good idea to deliberately overfill a cylinder. You are then taking all the liability of that action on your own. The manufacturer will disown you in a liability situaton. Saying "everyone's doing it" doesn't cut it either, legally. You are responsible for your actions, and no one else will accept any liability for a product that has been deliberately abused.
For those who say they need the extra air, I say your dive planning needs better attention. I've heard dive shop personnel say that today's divers are sometimes so out-of-shape that they need huge cylinders simply to stay down the equivalent time as an in-shape diver with a regular cylinder. "I need a bigger cylinder" is the response, rather than "I'm really out-of-shape and need a personal fitness program" such as swimming a mile or two, three times a week.
SeaRat