Narrative:

Upon completion of cockpit scan/inspection; the stall protection #2 cutout switch guard was found to not function; it did not spring back to the guarded position and stayed open unless closed manually. Maintenance control was contacted with the discrepancy write-up; maintenance control controller advised the captain several times that per director of maintenance this item does not affect airworthiness and to make it an 'information to maintenance' item. Upon arriving at ZZZ later that day; crew was advised by maintenance that this item was a grounding item and; therefore; it was illegal for maintenance control to tell the captain to make it 'information to maintenance;' and for the aircraft to have continued with this discrepancy.

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Original NASA ASRS Text

Title: AN EMB140 WAS DISPATCHED WITH THE #2 STALL WARNING SWITCH GUARD FAILED. SWITCH NOT GUARDED TO THE 'OFF' POS.

Narrative: UPON COMPLETION OF COCKPIT SCAN/INSPECTION; THE STALL PROTECTION #2 CUTOUT SWITCH GUARD WAS FOUND TO NOT FUNCTION; IT DID NOT SPRING BACK TO THE GUARDED POS AND STAYED OPEN UNLESS CLOSED MANUALLY. MAINT CTL WAS CONTACTED WITH THE DISCREPANCY WRITE-UP; MAINT CTL CTLR ADVISED THE CAPT SEVERAL TIMES THAT PER DIRECTOR OF MAINT THIS ITEM DOES NOT AFFECT AIRWORTHINESS AND TO MAKE IT AN 'INFO TO MAINT' ITEM. UPON ARRIVING AT ZZZ LATER THAT DAY; CREW WAS ADVISED BY MAINT THAT THIS ITEM WAS A GNDING ITEM AND; THEREFORE; IT WAS ILLEGAL FOR MAINT CTL TO TELL THE CAPT TO MAKE IT 'INFO TO MAINT;' AND FOR THE ACFT TO HAVE CONTINUED WITH THIS DISCREPANCY.

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.