Narrative:

On apr/sun/00, I was the captain of flight XXX to ZZZ in aircraft xyz. The release that I picked up in operations indicated an MEL on the aircraft for cdl. After the preflight walkaround inspection was complete, I consulted the MEL book to verify the application of the cdl. The required performance restrs had been complied with in the release and the required maintenance logbook entry had been made by contract maintenance. However, I noted that the second part of the cdl stated that the wingtip must be repaired at the 'earliest maintenance opportunity.' I also noted that this aircraft had been in service for about 3 days with this cdl, and that it had come from ZZZ on the prior inbound leg. I then called ZZZ maintenance control and talked to wxw xwx, maintenance control shift manager. I asked him to define 'earliest maintenance opportunity' as this term is not defined anywhere in the MEL or the cdl. Wxw xwx told me that the aircraft had been flown under this cdl for the last 3 days and that this was permissible because they did not have the part in stock until apr/sat/00. Wxw xwx went on to explain that even though they had the part on apr/sat/00 when the aircraft was in ZZZ there were 12 other aircraft OTS and they were allowed to continue to defer the repair because they did not have the time or a spare aircraft available to use. He further explained that yzy yxy, chief inspector of air carrier, had provided this interpretation. I then advised wxw xwx that I would need a faxed statement from yzy yxy defining the term 'earliest maintenance opportunity' and approving the aircraft for service. Wxw xwx then requested that I call captain czx and inform him of the problem and that he would work on getting the facsimile to me. I complied with the request and called captain czx. He was aware of the problem with this aircraft and told me that it was ok to operate it in this condition. I told captain czx that under the concept of 'reasonable assurance' as defined in the preamble of the MEL, that I would wait to receive the facsimile, thus ensuring that I was being provided an aircraft that is 'both legal and safe to fly.' approximately 30 mins later I received the enclosed facsimile, which stated: 'the definition of 'earliest maintenance opportunity' in the remarks and exceptions section of the cdl as per yzy yxy, chief inspector of air carrier is: at first scheduled maintenance visit where parts, qualified personnel, equipment and facilities are available to accomplish the maintenance task. The aircraft is ok to continue revenue service at this time.' this was signed by wxw xwx, maintenance control shift manager. Upon arrival at ZZZ, this aircraft continued in service, flying a zza turn. I informed the receiving crew of the cdl and the captain requested a copy of the facsimile that I had gotten from maintenance. This event causes me some concern as the term 'earliest maintenance opportunity' is not defined in any company manual, MEL, or aircraft manual that I have access to while flying the line. I would therefore request that if this is an approved maintenance procedure for deferring repairs that it be in published the appropriate manuals. Otherwise, the only definition that I see for this statement is that the aircraft is repaired at the first landing where there are maintenance personnel. Also, please note the 6896 pound penalty applied for takeoff and the 2704 pound penalty applied to landing. These restrs are significant, and obviously indicate a major performance degradation with a 'wingtip fence' missing. The intent of this cdl appears to be to allow the aircraft to operate 1 flight to a location where repairs can be made.

Google
 

Original NASA ASRS Text

Title: AN AIRBUS 319 WAS DISPATCHED WITH WINGTIP DAMAGE DEFERRED TO BE REPAIRED AT 'EARLIEST MAINT OPPORTUNITY.' CREW QUESTIONS WHY ACFT WAS FLOWN 3 DAYS THROUGH MAINT STATIONS WITHOUT CORRECTION.

Narrative: ON APR/SUN/00, I WAS THE CAPT OF FLT XXX TO ZZZ IN ACFT XYZ. THE RELEASE THAT I PICKED UP IN OPS INDICATED AN MEL ON THE ACFT FOR CDL. AFTER THE PREFLT WALKAROUND INSPECTION WAS COMPLETE, I CONSULTED THE MEL BOOK TO VERIFY THE APPLICATION OF THE CDL. THE REQUIRED PERFORMANCE RESTRS HAD BEEN COMPLIED WITH IN THE RELEASE AND THE REQUIRED MAINT LOGBOOK ENTRY HAD BEEN MADE BY CONTRACT MAINT. HOWEVER, I NOTED THAT THE SECOND PART OF THE CDL STATED THAT THE WINGTIP MUST BE REPAIRED AT THE 'EARLIEST MAINT OPPORTUNITY.' I ALSO NOTED THAT THIS ACFT HAD BEEN IN SVC FOR ABOUT 3 DAYS WITH THIS CDL, AND THAT IT HAD COME FROM ZZZ ON THE PRIOR INBOUND LEG. I THEN CALLED ZZZ MAINT CTL AND TALKED TO WXW XWX, MAINT CTL SHIFT MGR. I ASKED HIM TO DEFINE 'EARLIEST MAINT OPPORTUNITY' AS THIS TERM IS NOT DEFINED ANYWHERE IN THE MEL OR THE CDL. WXW XWX TOLD ME THAT THE ACFT HAD BEEN FLOWN UNDER THIS CDL FOR THE LAST 3 DAYS AND THAT THIS WAS PERMISSIBLE BECAUSE THEY DID NOT HAVE THE PART IN STOCK UNTIL APR/SAT/00. WXW XWX WENT ON TO EXPLAIN THAT EVEN THOUGH THEY HAD THE PART ON APR/SAT/00 WHEN THE ACFT WAS IN ZZZ THERE WERE 12 OTHER ACFT OTS AND THEY WERE ALLOWED TO CONTINUE TO DEFER THE REPAIR BECAUSE THEY DID NOT HAVE THE TIME OR A SPARE ACFT AVAILABLE TO USE. HE FURTHER EXPLAINED THAT YZY YXY, CHIEF INSPECTOR OF ACR, HAD PROVIDED THIS INTERP. I THEN ADVISED WXW XWX THAT I WOULD NEED A FAXED STATEMENT FROM YZY YXY DEFINING THE TERM 'EARLIEST MAINT OPPORTUNITY' AND APPROVING THE ACFT FOR SVC. WXW XWX THEN REQUESTED THAT I CALL CAPT CZX AND INFORM HIM OF THE PROB AND THAT HE WOULD WORK ON GETTING THE FAX TO ME. I COMPLIED WITH THE REQUEST AND CALLED CAPT CZX. HE WAS AWARE OF THE PROB WITH THIS ACFT AND TOLD ME THAT IT WAS OK TO OPERATE IT IN THIS CONDITION. I TOLD CAPT CZX THAT UNDER THE CONCEPT OF 'REASONABLE ASSURANCE' AS DEFINED IN THE PREAMBLE OF THE MEL, THAT I WOULD WAIT TO RECEIVE THE FAX, THUS ENSURING THAT I WAS BEING PROVIDED AN ACFT THAT IS 'BOTH LEGAL AND SAFE TO FLY.' APPROX 30 MINS LATER I RECEIVED THE ENCLOSED FAX, WHICH STATED: 'THE DEFINITION OF 'EARLIEST MAINT OPPORTUNITY' IN THE REMARKS AND EXCEPTIONS SECTION OF THE CDL AS PER YZY YXY, CHIEF INSPECTOR OF ACR IS: AT FIRST SCHEDULED MAINT VISIT WHERE PARTS, QUALIFIED PERSONNEL, EQUIP AND FACILITIES ARE AVAILABLE TO ACCOMPLISH THE MAINT TASK. THE ACFT IS OK TO CONTINUE REVENUE SVC AT THIS TIME.' THIS WAS SIGNED BY WXW XWX, MAINT CTL SHIFT MGR. UPON ARR AT ZZZ, THIS ACFT CONTINUED IN SVC, FLYING A ZZA TURN. I INFORMED THE RECEIVING CREW OF THE CDL AND THE CAPT REQUESTED A COPY OF THE FAX THAT I HAD GOTTEN FROM MAINT. THIS EVENT CAUSES ME SOME CONCERN AS THE TERM 'EARLIEST MAINT OPPORTUNITY' IS NOT DEFINED IN ANY COMPANY MANUAL, MEL, OR ACFT MANUAL THAT I HAVE ACCESS TO WHILE FLYING THE LINE. I WOULD THEREFORE REQUEST THAT IF THIS IS AN APPROVED MAINT PROC FOR DEFERRING REPAIRS THAT IT BE IN PUBLISHED THE APPROPRIATE MANUALS. OTHERWISE, THE ONLY DEFINITION THAT I SEE FOR THIS STATEMENT IS THAT THE ACFT IS REPAIRED AT THE FIRST LNDG WHERE THERE ARE MAINT PERSONNEL. ALSO, PLEASE NOTE THE 6896 LB PENALTY APPLIED FOR TKOF AND THE 2704 LB PENALTY APPLIED TO LNDG. THESE RESTRS ARE SIGNIFICANT, AND OBVIOUSLY INDICATE A MAJOR PERFORMANCE DEGRADATION WITH A 'WINGTIP FENCE' MISSING. THE INTENT OF THIS CDL APPEARS TO BE TO ALLOW THE ACFT TO OPERATE 1 FLT TO A LOCATION WHERE REPAIRS CAN BE MADE.

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.