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A medium large transport transport was dispatched with 1 crew personal breathing deferred inoperative.
| Attributes | |
| ACN | 351072 |
| Time | |
| Date | 199610 |
| Day | Sun |
| Local Time Of Day | 1201 To 1800 |
| Place | |
| Locale Reference | airport : dsm |
| State Reference | IA |
| Altitude | agl bound lower : 0 agl bound upper : 0 |
| Environment | |
| Light | Daylight |
| Aircraft 1 | |
| Operator | common carrier : air carrier |
| Make Model Name | Commercial Fixed Wing |
| Operating Under FAR Part | Part 121 |
| Navigation In Use | Other Other |
| Flight Phase | other |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : atp pilot : commercial pilot : instrument |
| Experience | flight time last 90 days : 230 flight time total : 7000 flight time type : 1000 |
| ASRS Report | 351072 |
| 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 : published procedure non adherence : far other anomaly other |
| Independent Detector | other flight crewa |
| Resolutory Action | none taken : anomaly accepted |
| Consequence | Other |
| Supplementary | |
| Air Traffic Incident | other |
Narrative:
On the date indicated we departed dsm en route to phx with a pbe (personal breathing device) deferred. The aircraft MEL does not list this item as being deferable, however, maintenance deferred item using non airworthiness section of preamble to MEL. Considering this after the next 2 flts I am still not certain this was a legal operation. If airlines are going to use a 'non airworthiness item' clause in the use of an MEL the items deferable under this title should be listed in some manner. As it stands now 'nai' system is up to someone's judgement (maintenance) and therefore up to the PIC to make the final determination with or without the agreement of supervisors. One person's idea of non airworthiness is not necessarily everyone's idea.
Original NASA ASRS Text
Title: A MLG TRANSPORT WAS DISPATCHED WITH 1 CREW PERSONAL BREATHING DEFERRED INOP.
Narrative: ON THE DATE INDICATED WE DEPARTED DSM ENRTE TO PHX WITH A PBE (PERSONAL BREATHING DEVICE) DEFERRED. THE ACFT MEL DOES NOT LIST THIS ITEM AS BEING DEFERABLE, HOWEVER, MAINT DEFERRED ITEM USING NON AIRWORTHINESS SECTION OF PREAMBLE TO MEL. CONSIDERING THIS AFTER THE NEXT 2 FLTS I AM STILL NOT CERTAIN THIS WAS A LEGAL OP. IF AIRLINES ARE GOING TO USE A 'NON AIRWORTHINESS ITEM' CLAUSE IN THE USE OF AN MEL THE ITEMS DEFERABLE UNDER THIS TITLE SHOULD BE LISTED IN SOME MANNER. AS IT STANDS NOW 'NAI' SYS IS UP TO SOMEONE'S JUDGEMENT (MAINT) AND THEREFORE UP TO THE PIC TO MAKE THE FINAL DETERMINATION WITH OR WITHOUT THE AGREEMENT OF SUPVRS. ONE PERSON'S IDEA OF NON AIRWORTHINESS IS NOT NECESSARILY EVERYONE'S IDEA.
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.