Air carrier widebody transport non adherence to MEL requirement.

Attributes
ACN	185355
Time
Date	199108
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : lax
State Reference	CA
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 110 flight time total : 4000 flight time type : 90
ASRS Report	185355
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 170 flight time total : 20000 flight time type : 2500
ASRS Report	185359
Events
Anomaly	non adherence : far
Independent Detector	other other : unspecified
Resolutory Action	none taken : detected after the fact
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Aft lower cargo detection system found inoperative during preflight. MEL 26-1601 allows both systems inoperative provided the compartment is empty or only non combustible materials are carried. Maintenance said only non combustible material were loaded and then MEL'd the system. Apparently the FAA says that passenger bags are not considered noncombustible. FAA should pass on their interpretation of attached MEL.

Original NASA ASRS Text

Title: ACR WDB NON ADHERENCE TO MEL REQUIREMENT.

Narrative: AFT LOWER CARGO DETECTION SYS FOUND INOP DURING PREFLT. MEL 26-1601 ALLOWS BOTH SYSTEMS INOP PROVIDED THE COMPARTMENT IS EMPTY OR ONLY NON COMBUSTIBLE MATERIALS ARE CARRIED. MAINT SAID ONLY NON COMBUSTIBLE MATERIAL WERE LOADED AND THEN MEL'D THE SYS. APPARENTLY THE FAA SAYS THAT PAX BAGS ARE NOT CONSIDERED NONCOMBUSTIBLE. FAA SHOULD PASS ON THEIR INTERPRETATION OF ATTACHED MEL.

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.