Captain of a dornier, DO328, questions the legal position for carrying a company reserve flight atte...

Attributes
ACN	471990
Time
Date	200004
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : pit.airport
State Reference	PA
Altitude	agl single value : 0
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Do 328 TP (Turboprop)
Operating Under FAR Part	Part 121
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 1000 flight time type : 3000
ASRS Report	471990
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : commercial
Events
Anomaly	other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	other
Supplementary
Problem Areas	Company Flight Crew Human Performance Aircraft
Primary Problem	Flight Crew Human Performance

Narrative:

Flight boarded passenger, 31 people, left gate and during taxi to active runway, was told to contact company. Company said to return to gate and pick up a reserve flight attendant who needed to be in tri for flight in morning. After arriving at gate I called company to let them know that our plane had only 1 seat available and that seat was inoperative due to an MEL, but if they could get permission for the flight attendant to ride in jump seat, we could take her without having to remove a paying passenger. The dispatcher told me to wait while they checked to see if we could put the flight attendant in the jump seat. After a min they called me back and gave me permission to take the flight attendant in the jump seat. Questions have arisen as to whether we violated an far by carrying the flight attendant in jump seat, without having an operable seat in rear of aircraft that the flight attendant could occupy in case of an emergency. Also our manual says we can't have anyone in jump seat that doesn't hold an airman certificate. That's why I had dispatch get permission for me to do this. They may have acted in error.

Original NASA ASRS Text

Title: CAPT OF A DORNIER, DO328, QUESTIONS THE LEGAL POS FOR CARRYING A COMPANY RESERVE FLT ATTENDANT TO ANOTHER BASE IN COCKPIT JUMP SEAT AT THE REQUEST OF THE COMPANY. THERE WAS NO OPEN SEAT AVAILABLE IN THE PAX CABIN.

Narrative: FLT BOARDED PAX, 31 PEOPLE, LEFT GATE AND DURING TAXI TO ACTIVE RWY, WAS TOLD TO CONTACT COMPANY. COMPANY SAID TO RETURN TO GATE AND PICK UP A RESERVE FLT ATTENDANT WHO NEEDED TO BE IN TRI FOR FLT IN MORNING. AFTER ARRIVING AT GATE I CALLED COMPANY TO LET THEM KNOW THAT OUR PLANE HAD ONLY 1 SEAT AVAILABLE AND THAT SEAT WAS INOP DUE TO AN MEL, BUT IF THEY COULD GET PERMISSION FOR THE FLT ATTENDANT TO RIDE IN JUMP SEAT, WE COULD TAKE HER WITHOUT HAVING TO REMOVE A PAYING PAX. THE DISPATCHER TOLD ME TO WAIT WHILE THEY CHKED TO SEE IF WE COULD PUT THE FLT ATTENDANT IN THE JUMP SEAT. AFTER A MIN THEY CALLED ME BACK AND GAVE ME PERMISSION TO TAKE THE FLT ATTENDANT IN THE JUMP SEAT. QUESTIONS HAVE ARISEN AS TO WHETHER WE VIOLATED AN FAR BY CARRYING THE FLT ATTENDANT IN JUMP SEAT, WITHOUT HAVING AN OPERABLE SEAT IN REAR OF ACFT THAT THE FLT ATTENDANT COULD OCCUPY IN CASE OF AN EMER. ALSO OUR MANUAL SAYS WE CAN'T HAVE ANYONE IN JUMP SEAT THAT DOESN'T HOLD AN AIRMAN CERTIFICATE. THAT'S WHY I HAD DISPATCH GET PERMISSION FOR ME TO DO THIS. THEY MAY HAVE ACTED IN ERROR.

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.

Captain of a dornier, DO328, questions the legal position for carrying a company reserve flight attendant to another base in cockpit jump seat at the request of the company. There was no open seat available in the passenger cabin.