A B737-800 was dispatched at night in non compliance with the left and right pitot probe heat inoperative in conflict with the MEL. Day VMC only.

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Attributes
ACN	525988
Time
Date	200110
Day	Mon
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : zzz.airport
State Reference	US
Altitude	agl single value : 0
Environment
Light	Night
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	B737-800
Operating Under FAR Part	Part 121
Flight Phase	ground : taxi
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	oversight : supervisor
Qualification	technician : powerplant technician : airframe
Experience	maintenance supervisor : 8
ASRS Report	525988
Person 2
Affiliation	company : air carrier
Function	other personnel
Qualification	other
ASRS Report	525986
Events
Anomaly	aircraft equipment problem : critical maintenance problem : non compliance with mel non adherence : far non adherence : published procedure
Independent Detector	aircraft equipment other aircraft equipment : pitot heat fail light other flight crewa other flight crewb
Resolutory Action	none taken : detected after the fact
Consequence	other other
Factors
Maintenance	performance deficiency : logbook entry performance deficiency : non compliance with legal requirements
Supplementary
Problem Areas	Maintenance Human Performance Flight Crew Human Performance Company Aircraft
Primary Problem	Maintenance Human Performance

Narrative:

Flight ZZZ was on an active taxiway preparing for dispatch, when the amber 'first officer pitot heat' light illuminated overhead, indicating a loss of the heater to the probe. I knew that this required a no-ice, and mentioned this to the dispatcher, as we were both on a radio patch, and he initially said that we couldn't go with it (as is normally the case). I gave the dispatcher the MEL of 30-00-05A, and said I was going to have the crew reset the circuit breaker just to see if that would work. The crew did this, and said it was no help. The dispatcher then said that we were ok to use the MEL. I issued a flight crew placard to continue the flight, my mistake was not noticing the day VMC requirement of this MEL (neither did the captain or the dispatcher). The crew later discovered this error, and elected to divert into dfw, and not continue to abq. I certainly realize my error, due to a combination of being on the radio, as well as my own haste. I will ensure to read all of the requirements of the MEL's in the future.

Original NASA ASRS Text

Title: A B737-800 WAS DISPATCHED AT NIGHT IN NON COMPLIANCE WITH THE L AND R PITOT PROBE HEAT INOP IN CONFLICT WITH THE MEL. DAY VMC ONLY.

Narrative: FLT ZZZ WAS ON AN ACTIVE TXWY PREPARING FOR DISPATCH, WHEN THE AMBER 'FO PITOT HEAT' LIGHT ILLUMINATED OVERHEAD, INDICATING A LOSS OF THE HEATER TO THE PROBE. I KNEW THAT THIS REQUIRED A NO-ICE, AND MENTIONED THIS TO THE DISPATCHER, AS WE WERE BOTH ON A RADIO PATCH, AND HE INITIALLY SAID THAT WE COULDN'T GO WITH IT (AS IS NORMALLY THE CASE). I GAVE THE DISPATCHER THE MEL OF 30-00-05A, AND SAID I WAS GOING TO HAVE THE CREW RESET THE CIRCUIT BREAKER JUST TO SEE IF THAT WOULD WORK. THE CREW DID THIS, AND SAID IT WAS NO HELP. THE DISPATCHER THEN SAID THAT WE WERE OK TO USE THE MEL. I ISSUED A FLC PLACARD TO CONTINUE THE FLT, MY MISTAKE WAS NOT NOTICING THE DAY VMC REQUIREMENT OF THIS MEL (NEITHER DID THE CAPT OR THE DISPATCHER). THE CREW LATER DISCOVERED THIS ERROR, AND ELECTED TO DIVERT INTO DFW, AND NOT CONTINUE TO ABQ. I CERTAINLY REALIZE MY ERROR, DUE TO A COMBINATION OF BEING ON THE RADIO, AS WELL AS MY OWN HASTE. I WILL ENSURE TO READ ALL OF THE REQUIREMENTS OF THE MEL'S IN THE FUTURE.

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.