Narrative:

121 operation. Received dispatch release. Flight delayed by maintenance. Eventually off the gate at release expiration time (legal). Taxiing out flight attendant calls and says 'no smoking' sign is flashing. Captain instantly decides to return to gate. Refuses to look at MEL stating we may continue. Once on the gate with aircraft shutdown, captain looks at MEL. External power hooked to aircraft. Flight attendant is ready to deplane passenger. Baggage handlers are removing aft baggage. I advised flight attendant to hold passenger on board and to stop baggage unloading and reload it. Captain is conferring (or being conferred at by maintenance through cockpit window). Maintenance convinces captain to continue. I remind captain that since we have returned to the gate, the release has expired and we need a new one. He will not listen, as he wouldn't listen on the MEL item. Strongly suggest he call dispatch to get new release, before leaving the gate. He reluctantly agrees, but does nothing. Further prompting elicits only engine start and taxi. I insist. He calls operations, (not dispatcher) and advises them we are taxiing, and will not need a release. By the time I find the pertinent section in the operations manual, we're #3 holding short for 36R. He is unimpressed. My only option is get off the plane, or takeoff. We took off.

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Original NASA ASRS Text

Title: ACR DEPARTS WITHOUT VALID RELEASE.

Narrative: 121 OPERATION. RECEIVED DISPATCH RELEASE. FLT DELAYED BY MAINT. EVENTUALLY OFF THE GATE AT RELEASE EXPIRATION TIME (LEGAL). TAXIING OUT FLT ATTENDANT CALLS AND SAYS 'NO SMOKING' SIGN IS FLASHING. CAPT INSTANTLY DECIDES TO RETURN TO GATE. REFUSES TO LOOK AT MEL STATING WE MAY CONTINUE. ONCE ON THE GATE WITH ACFT SHUTDOWN, CAPT LOOKS AT MEL. EXTERNAL PWR HOOKED TO ACFT. FLT ATTENDANT IS READY TO DEPLANE PAX. BAGGAGE HANDLERS ARE REMOVING AFT BAGGAGE. I ADVISED FLT ATTENDANT TO HOLD PAX ON BOARD AND TO STOP BAGGAGE UNLOADING AND RELOAD IT. CAPT IS CONFERRING (OR BEING CONFERRED AT BY MAINT THROUGH COCKPIT WINDOW). MAINT CONVINCES CAPT TO CONTINUE. I REMIND CAPT THAT SINCE WE HAVE RETURNED TO THE GATE, THE RELEASE HAS EXPIRED AND WE NEED A NEW ONE. HE WILL NOT LISTEN, AS HE WOULDN'T LISTEN ON THE MEL ITEM. STRONGLY SUGGEST HE CALL DISPATCH TO GET NEW RELEASE, BEFORE LEAVING THE GATE. HE RELUCTANTLY AGREES, BUT DOES NOTHING. FURTHER PROMPTING ELICITS ONLY ENG START AND TAXI. I INSIST. HE CALLS OPS, (NOT DISPATCHER) AND ADVISES THEM WE ARE TAXIING, AND WILL NOT NEED A RELEASE. BY THE TIME I FIND THE PERTINENT SECTION IN THE OPS MANUAL, WE'RE #3 HOLDING SHORT FOR 36R. HE IS UNIMPRESSED. MY ONLY OPTION IS GET OFF THE PLANE, OR TKOF. WE TOOK OFF.

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.