Narrative:

During cockpit set-up we noted the #2 stall protection cut-out button spring guard did not spring close. I made an entry in the aml and called dispatch/maintenance control. Miss X in maintenance control told me as this was an item that did not affect airworthiness I could make it an 'information to maintenance' item. I asked her if she was sure that was legal. She said 'oh yes; and the director of maintenance also said it was legal.' I noted all of this in my aml entries. Upon reaching ZZZ (the maintenance base) the aircraft was taken OTS apparently because the item had to be fixed.

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Original NASA ASRS Text

Title: AN EMB140 WAS DISPATCHED IN CONFLICT WITH THE MEL WITH THE #2 STALL WARNING CUTOUT SWITCH GUARD SPRING FAILED.

Narrative: DURING COCKPIT SET-UP WE NOTED THE #2 STALL PROTECTION CUT-OUT BUTTON SPRING GUARD DID NOT SPRING CLOSE. I MADE AN ENTRY IN THE AML AND CALLED DISPATCH/MAINT CTL. MISS X IN MAINT CTL TOLD ME AS THIS WAS AN ITEM THAT DID NOT AFFECT AIRWORTHINESS I COULD MAKE IT AN 'INFO TO MAINT' ITEM. I ASKED HER IF SHE WAS SURE THAT WAS LEGAL. SHE SAID 'OH YES; AND THE DIRECTOR OF MAINT ALSO SAID IT WAS LEGAL.' I NOTED ALL OF THIS IN MY AML ENTRIES. UPON REACHING ZZZ (THE MAINT BASE) THE ACFT WAS TAKEN OTS APPARENTLY BECAUSE THE ITEM HAD TO BE FIXED.

Data retrieved from NASA's ASRS site as of January 2009 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.