Flight above 10000' with flaps not functioning. Violation of part 121 federal aviation regulations.

Attributes
ACN	161373
Time
Date	199010
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : syr
State Reference	NY
Altitude	msl bound lower : 9000 msl bound upper : 12000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Small Transport, Low Wing, 2 Turboprop Eng
Flight Phase	climbout : intermediate altitude descent other
Route In Use	enroute airway : zbw
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : commercial pilot : instrument pilot : atp pilot : cfi
Experience	flight time last 90 days : 300 flight time total : 3000 flight time type : 300
ASRS Report	176133
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	aircraft equipment problem : less severe non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

The previous crew had placed the flaps on the MEL. The captain of the aircraft was pulled off duty due to flight time limitations. I was called into work 6 hours early. I was not fully rested. I also missed out on some errands I wanted to complete prior to work. The copilot I had was flying with the captain earlier. Through 10000' the copilot said, 'too bad about those flaps.' I thought nothing of it and suddenly realized that we were restr to operate below 10000' because the flaps are required about 10000' for emergency dscnts. I immediately got 9000' from center. My copilot apologized for not mentioning it sooner. I should have told operations 'no' to coming in early, or kept my mind on flying, not errands.

Original NASA ASRS Text

Title: FLT ABOVE 10000' WITH FLAPS NOT FUNCTIONING. VIOLATION OF PART 121 FEDERAL AVIATION REGS.

Narrative: THE PREVIOUS CREW HAD PLACED THE FLAPS ON THE MEL. THE CAPT OF THE ACFT WAS PULLED OFF DUTY DUE TO FLT TIME LIMITATIONS. I WAS CALLED INTO WORK 6 HRS EARLY. I WAS NOT FULLY RESTED. I ALSO MISSED OUT ON SOME ERRANDS I WANTED TO COMPLETE PRIOR TO WORK. THE COPLT I HAD WAS FLYING WITH THE CAPT EARLIER. THROUGH 10000' THE COPLT SAID, 'TOO BAD ABOUT THOSE FLAPS.' I THOUGHT NOTHING OF IT AND SUDDENLY REALIZED THAT WE WERE RESTR TO OPERATE BELOW 10000' BECAUSE THE FLAPS ARE REQUIRED ABOUT 10000' FOR EMER DSCNTS. I IMMEDIATELY GOT 9000' FROM CENTER. MY COPLT APOLOGIZED FOR NOT MENTIONING IT SOONER. I SHOULD HAVE TOLD OPS 'NO' TO COMING IN EARLY, OR KEPT MY MIND ON FLYING, NOT ERRANDS.

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.