Is refilling disposable propane cylinders really illegal?

In my previous posts on this topic (see especially Refill Disposable Propane Cylinders and How to refill disposable propane cylinders), one obstacle keeps recurring: It might be illegal!

First, let’s be clear: The (typically green) 16.4-oz disposable propane cylinders under discussion are designated “DOT-39 NRC 232/290”, and they come with this warning:

Federal Law forbids transportation if refilled – penalty up to $500,000 fine and five years imprisonment (49 U.S.C. 5124)

I’m no lawyer, but this is a pretty straightforward English sentence: A federal statute says you can’t transport them. You need to look a little deeper, though.

Title 49 of the US Code, entitled “Transportation”, has as it’s stated purpose the following:

The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.

As I read it, it is NOT illegal to refill them, under Title 49 of the US Code. But it is illegal to transport them commercially. Some state or local laws may apply, of course, and again, you should prob’ly check with a real criminal defense attorney! I’d be very interested in hearing about any prosecutions of this law, of either private or commercial entities. Anyone? Anyone?

Civil actions, of course, are a completely separate matter: Anybody can sue anybody for anything, whether a law was broken or not, to seek redress for damages. Navagear reader and über-fan Robert Meyer brought a civil case to my attention in the comments section of one of those earlier Navagear posts. Robert tells us about a civil (CIVIL, not CRIMINAL; some folks are confused about the distinction) case involving a fatality related to propane cylinder refilling. Anybody contemplating refilling these cylinders needs to be aware of this tragic case.

I’ve done some research, and here is what I’ve learned from the Southeast Texas Record:

Gary Wayne Suggs, 51, was attempting to refill a propane container in a fifth-wheel trailer when a flash fire occurred, causing fatal injuries.

Gary’s father, Billy Ray Suggs, alleges a defective coupling caused his son’s death.

Billy Ray Suggs, individually and as estate representative, filed a product liability suit against K-M Products Inc. on Feb 25, 2008 in the Marshall Division of the Eastern District of Texas.

According to the original complaint, the deceased was attempting to refill a DOT-39, 1.02-pound propane cylinder from a 40-pound propane cylinder using a MacCoupler.

It’s Case Number 2:08cv00084, if you want to follow up. I did, calling the court directly to learn the status or disposition of the case. The clerk informed me that on May 7, 2009, a Motion to Dismiss was filed.

So wait…what does that mean? Was the case dropped? Was it settled out of court? I don’t know! Calls/emails to the plaintiff’s law firm (Sloan, Bagley, Hatcher and Perry) and K-M Products (manufacturer of the MacCoupler), were not returned by press time. So all we know for sure is that the case did not proceed to trial.

And where does this leave people who want to refill these cylinders? My advice shifted about a year ago, and since then I’ve been very consistent:

Under no circumstances should anyone ever refill disposable propane cylinders!

“But Tim, I thought you told us that YOU refill these cylinders?” Well, yes I do, but nobody should follow my example. Here’s the disclaimer I included when I sent some plumbing components identical to those I used to create my refill adapter to a reader earlier this week:

This is a "kit" that will allow you to create an authentic "replica" of the adapter I use, but it is sold "as-is", "for novelty purposes only", and is not warranted to be safe or appropriate for any purpose whatsoever. Nobody should refill disposable propane cylinders using this or any other adapter.

Got it? Good!

I treat every cylinder, new or refilled, as if it could start leaking at any time, for any reason, or for no reason at all. They’re stored on the boat in a locker that drains overboard, not into the hull, for instance. I want that heavier-than-air propane to dissipate out over the water, rather than collecting inside the boat. At home, I store them outdoors for the same reason, and I transport them in the open bed of my little pickup, not inside the passenger compartment or a trunk.

Finally, if you want to learn a bit more about the physical differences between refillable and non-refillable propane cylinders, read this post over at Gizmology. Very helpful.

Be safe!