An embraer 135 was dispatched in non compliance with the stall protection system deferred in conflic...

Attributes
ACN	600178
Time
Date	200311
Day	Tue
Place
Locale Reference	airport : zzz.airport
State Reference	US
Altitude	agl single value : 0
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	EMB ERJ 135 ER&LR
Operating Under FAR Part	Part 121
Flight Phase	ground : maintenance ground : takeoff roll
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	600178
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument pilot : multi engine
ASRS Report	600179
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 : sps adv light other flight crewa other flight crewb
Resolutory Action	none taken : detected after the fact
Consequence	other other
Factors
Maintenance	contributing factor : manuals contributing factor : schedule pressure performance deficiency : non compliance with legal requirements performance deficiency : repair performance deficiency : logbook entry performance deficiency : fault isolation
Supplementary
Problem Areas	Maintenance Human Performance Flight Crew Human Performance Chart Or Publication Aircraft
Primary Problem	Maintenance Human Performance
Situations
Publication	MINIMUM EQUIP LIST

Narrative:

First time off the gate, flap low speed advisory. Notified ZZZ hub maintenance and returned to gate. Maintenance completed MEL 27-09. Flap low speed, 1 hour later. Second time off the gate, sps (stall warning system, stall protection system) advanced caution. Notified ZZZ hub maintenance that no applicable MEL. Maintenance said we could use MEL 27-06, ice/sps advance light. Reviewed MEL 27-06, flight crew placard, yes, advanced notification to dispatcher number. Sent dispatch a unilink message about the sps advanced caution. Dispatch replied with an amendment to our release adding MEL 27-06. Amendment implied maintenance operations center concurred. Continued flight to ZZZ1. Aircraft maintenance log entry made in ZZZ1 per flight crew placarding procedures. Maintenance operations center stated that sps advanced caution could not be deferred.

Original NASA ASRS Text

Title: AN EMBRAER 135 WAS DISPATCHED IN NON COMPLIANCE WITH THE STALL PROTECTION SYS DEFERRED IN CONFLICT WITH THE MEL.

Narrative: FIRST TIME OFF THE GATE, FLAP LOW SPD ADVISORY. NOTIFIED ZZZ HUB MAINT AND RETURNED TO GATE. MAINT COMPLETED MEL 27-09. FLAP LOW SPD, 1 HR LATER. SECOND TIME OFF THE GATE, SPS (STALL WARNING SYS, STALL PROTECTION SYS) ADVANCED CAUTION. NOTIFIED ZZZ HUB MAINT THAT NO APPLICABLE MEL. MAINT SAID WE COULD USE MEL 27-06, ICE/SPS ADVANCE LIGHT. REVIEWED MEL 27-06, FLT CREW PLACARD, YES, ADVANCED NOTIFICATION TO DISPATCHER NUMBER. SENT DISPATCH A UNILINK MESSAGE ABOUT THE SPS ADVANCED CAUTION. DISPATCH REPLIED WITH AN AMENDMENT TO OUR RELEASE ADDING MEL 27-06. AMENDMENT IMPLIED MAINT OPS CTR CONCURRED. CONTINUED FLT TO ZZZ1. ACFT MAINT LOG ENTRY MADE IN ZZZ1 PER FLT CREW PLACARDING PROCS. MAINT OPS CTR STATED THAT SPS ADVANCED CAUTION COULD NOT BE DEFERRED.

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.

An embraer 135 was dispatched in non compliance with the stall protection system deferred in conflict with the MEL.