Commuter ferry flight in violation of minimum equipment list requirement.

Attributes
ACN	109792
Time
Date	198904
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : crp
State Reference	TX
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Flight Phase	climbout : takeoff ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : cfi pilot : atp pilot : instrument
Experience	flight time last 90 days : 240 flight time total : 5200 flight time type : 650
ASRS Report	109792
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	aircraft equipment problem : critical non adherence : far
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Aircraft
Air Traffic Incident	Pilot Deviation

Narrative:

Aircraft was unable to be dispatched with passenger because one transmitter was inoperative and departure point WX was IMC. Our aircraft MEL does not allow for this operation. In fact, the aircraft is limited to day or night VFR only. The captain decided to fly the aircraft to another location part 91 west/O passenger after talking to the president of the company to change the inoperative transmitter. We thought we were legal under far 91.33. After completion of the flight, we discovered that we were in violation of far 91.30. I thought that particular far had not been reinstated yet. I also had it confused with the proposed rule about single engine MEL's.

Original NASA ASRS Text

Title: COMMUTER FERRY FLT IN VIOLATION OF MINIMUM EQUIPMENT LIST REQUIREMENT.

Narrative: ACFT WAS UNABLE TO BE DISPATCHED WITH PAX BECAUSE ONE XMITTER WAS INOP AND DEP POINT WX WAS IMC. OUR ACFT MEL DOES NOT ALLOW FOR THIS OPERATION. IN FACT, THE ACFT IS LIMITED TO DAY OR NIGHT VFR ONLY. THE CAPT DECIDED TO FLY THE ACFT TO ANOTHER LOCATION PART 91 W/O PAX AFTER TALKING TO THE PRESIDENT OF THE COMPANY TO CHANGE THE INOP XMITTER. WE THOUGHT WE WERE LEGAL UNDER FAR 91.33. AFTER COMPLETION OF THE FLT, WE DISCOVERED THAT WE WERE IN VIOLATION OF FAR 91.30. I THOUGHT THAT PARTICULAR FAR HAD NOT BEEN REINSTATED YET. I ALSO HAD IT CONFUSED WITH THE PROPOSED RULE ABOUT SINGLE ENG MEL'S.

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.