Carj flight crew questions the legality of a maintenance ferry flight with flaps inhibited at 20 deg...

Attributes
ACN	615713
Time
Date	200404
Day	Sat
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : zzz.airport
State Reference	US
Altitude	agl single value : 0
Environment
Flight Conditions	IMC
Weather Elements	Thunderstorm Ice Turbulence
Light	Night
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Regional Jet CL65, Undifferentiated or Other Model
Operating Under FAR Part	Part 91
Flight Phase	ground : maintenance ground : takeoff roll 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 : 220 flight time total : 3300 flight time type : 1300
ASRS Report	615713
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Supplementary
Problem Areas	Maintenance Human Performance Company Aircraft
Primary Problem	Ambiguous

Narrative:

During approach into ZZZ, we got a 'flaps fail' caution message. We landed without incident. After coordination with maintenance control, it was decided that my crew would ferry the aircraft from ZZZ to ZZZ1 where repairs could be effected. The ferry permit specified that outstation maintenance personnel would inhibit the flaps at 20 degrees and the flight be completed at 14000 ft and 215 KTS maximum. A ferry inspection was completed and we ferried the aircraft to ZZZ1. The aircraft limitations prohibited en route use of flaps as well as use of flaps above 15000 ft. I was assured by maintenance control that the flight was legal but was completely unable to get similar assurances from flight operations. My concern is that my en route use of flaps may have been an far violation. My perception of the situation at the time is that it was legal to ferry the aircraft and, therefore, safe to do so. In retrospect, though, I think I and my crew would have been better served had I refused the ferry flight and insisted that maintenance personnel be flown out to effect repairs.

Original NASA ASRS Text

Title: CARJ FLT CREW QUESTIONS THE LEGALITY OF A MAINT FERRY FLT WITH FLAPS INHIBITED AT 20 DEGS.

Narrative: DURING APCH INTO ZZZ, WE GOT A 'FLAPS FAIL' CAUTION MESSAGE. WE LANDED WITHOUT INCIDENT. AFTER COORD WITH MAINT CTL, IT WAS DECIDED THAT MY CREW WOULD FERRY THE ACFT FROM ZZZ TO ZZZ1 WHERE REPAIRS COULD BE EFFECTED. THE FERRY PERMIT SPECIFIED THAT OUTSTATION MAINT PERSONNEL WOULD INHIBIT THE FLAPS AT 20 DEGS AND THE FLT BE COMPLETED AT 14000 FT AND 215 KTS MAX. A FERRY INSPECTION WAS COMPLETED AND WE FERRIED THE ACFT TO ZZZ1. THE ACFT LIMITATIONS PROHIBITED ENRTE USE OF FLAPS AS WELL AS USE OF FLAPS ABOVE 15000 FT. I WAS ASSURED BY MAINT CTL THAT THE FLT WAS LEGAL BUT WAS COMPLETELY UNABLE TO GET SIMILAR ASSURANCES FROM FLT OPS. MY CONCERN IS THAT MY ENRTE USE OF FLAPS MAY HAVE BEEN AN FAR VIOLATION. MY PERCEPTION OF THE SIT AT THE TIME IS THAT IT WAS LEGAL TO FERRY THE ACFT AND, THEREFORE, SAFE TO DO SO. IN RETROSPECT, THOUGH, I THINK I AND MY CREW WOULD HAVE BEEN BETTER SERVED HAD I REFUSED THE FERRY FLT AND INSISTED THAT MAINT PERSONNEL BE FLOWN OUT TO EFFECT REPAIRS.

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.

Carj flight crew questions the legality of a maintenance ferry flight with flaps inhibited at 20 degrees.