Narrative:

During preflight inspection the left engine auxiliary fuel pump was found to be inoperative. Additional inspection found the pump to be intermittent in operation. When switched on the pump would start and operate normally most of the time. However, occasionally when switched on the pump would fail to start. It was noted that when the pump did start it would continue to operate normally. Mechanics were called to inspect the pump and they found no loose wires and determined that the pump was properly grounded to the airframe. As captain, I elected not to conduct the scheduled 135 operation with the pump operation intermittent because our run involves several stops and it would be difficult to ensure pump operation at those stops. Company was advised of my decision and I was them asked if I would deadhead the plane to a maintenance facility. I was told this was a legal part 91 flight because the pump had not yet been written up in the maintenance log and its operation was 'intermittent' and not 'inoperative'. Before departing on the deadhead flight I checked to make sure the pump was operating and then did not turn it off during the flight. Upon arrival at the maintenance facility the pump was switched and normal operations resumed. The FARS refer only to 'inoperative' equipment when concerned with required equipment. I was asked to fly the airplane because the pump, not an item on the MEL, was not what the company would call 'inoperative'. A possible solution would be to reword the FARS pertaining to required equipment to contain the words 'intermittent' or 'discrepant'. Another solution would be to use the above terms to define 'inoperative' in far section #1. This would give pilots more guidance in determining the legality of all flts with aircraft equipment not up to PAR.

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Original NASA ASRS Text

Title: ACR FRY FLT WITH INTERMITTENT FUEL PUMP.

Narrative: DURING PREFLT INSPECTION THE L ENG AUX FUEL PUMP WAS FOUND TO BE INOPERATIVE. ADDITIONAL INSPECTION FOUND THE PUMP TO BE INTERMITTENT IN OPERATION. WHEN SWITCHED ON THE PUMP WOULD START AND OPERATE NORMALLY MOST OF THE TIME. HOWEVER, OCCASIONALLY WHEN SWITCHED ON THE PUMP WOULD FAIL TO START. IT WAS NOTED THAT WHEN THE PUMP DID START IT WOULD CONTINUE TO OPERATE NORMALLY. MECHS WERE CALLED TO INSPECT THE PUMP AND THEY FOUND NO LOOSE WIRES AND DETERMINED THAT THE PUMP WAS PROPERLY GNDED TO THE AIRFRAME. AS CAPT, I ELECTED NOT TO CONDUCT THE SCHEDULED 135 OPERATION WITH THE PUMP OPERATION INTERMITTENT BECAUSE OUR RUN INVOLVES SEVERAL STOPS AND IT WOULD BE DIFFICULT TO ENSURE PUMP OPERATION AT THOSE STOPS. COMPANY WAS ADVISED OF MY DECISION AND I WAS THEM ASKED IF I WOULD DEADHEAD THE PLANE TO A MAINT FAC. I WAS TOLD THIS WAS A LEGAL PART 91 FLT BECAUSE THE PUMP HAD NOT YET BEEN WRITTEN UP IN THE MAINT LOG AND ITS OPERATION WAS 'INTERMITTENT' AND NOT 'INOPERATIVE'. BEFORE DEPARTING ON THE DEADHEAD FLT I CHKED TO MAKE SURE THE PUMP WAS OPERATING AND THEN DID NOT TURN IT OFF DURING THE FLT. UPON ARR AT THE MAINT FAC THE PUMP WAS SWITCHED AND NORMAL OPS RESUMED. THE FARS REFER ONLY TO 'INOPERATIVE' EQUIP WHEN CONCERNED WITH REQUIRED EQUIP. I WAS ASKED TO FLY THE AIRPLANE BECAUSE THE PUMP, NOT AN ITEM ON THE MEL, WAS NOT WHAT THE COMPANY WOULD CALL 'INOPERATIVE'. A POSSIBLE SOLUTION WOULD BE TO REWORD THE FARS PERTAINING TO REQUIRED EQUIP TO CONTAIN THE WORDS 'INTERMITTENT' OR 'DISCREPANT'. ANOTHER SOLUTION WOULD BE TO USE THE ABOVE TERMS TO DEFINE 'INOPERATIVE' IN FAR SECTION #1. THIS WOULD GIVE PLTS MORE GUIDANCE IN DETERMINING THE LEGALITY OF ALL FLTS WITH ACFT EQUIP NOT UP TO PAR.

Data retrieved from NASA's ASRS site as of July 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.