Narrative:

I was doing my preflight flow and checked the sps system then check the gust lock and found it wasn't working properly. With the yoke all the way forward; the gust lock lever could be moved. I proceeded to show the first officer and then pulled out the MEL while he called maintenance. We went through the MEL to see if we could MEL the gust lock; but it still didn't work properly. When the mechanic got there I explained to him the problem. The mechanic went to check the gust lock and said it was working properly and that there were different modifications on the different airplanes. He left and came back with some printouts and went through the gust lock procedures on them and still said it worked correctly; I insisted it didn't and he said I could write up the gust lock but he would just MEL it. He said that he had worked on these planes for several years and knew how they worked. The mechanic left again and came back with a second mechanic. I explained the problem to the second mechanic who then left. When the second mechanic came back he told the first one that the gust lock was not working properly and couldn't be MEL'd. He had checked several other planes to see how they worked and had also talked to the assistant chief pilot.callback conversation with reporter revealed the following information: the reporter stated that with the control column pushed full forward; the gust lock lever could be moved. This is the reporter's second experience with the failure of this gust lock test and in both cases the airplane was removed from service and fixed. This gust lock has caused several diversions when the gust lock light illuminated in-flight indicating the gust lock was energized. The reporter states this test is not well known to many capts and should get some publicity.

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Original NASA ASRS Text

Title: EMB145 GUST LOCK SYSTEM FAILED GROUND TEST. WITH CONTROL COLUMN FULL FORWARD THE GUST LEVER COULD BE MOVED. CAPT REFUSED AIRPLANE.

Narrative: I WAS DOING MY PREFLT FLOW AND CHKED THE SPS SYSTEM THEN CHK THE GUST LOCK AND FOUND IT WASN'T WORKING PROPERLY. WITH THE YOKE ALL THE WAY FORWARD; THE GUST LOCK LEVER COULD BE MOVED. I PROCEEDED TO SHOW THE FO AND THEN PULLED OUT THE MEL WHILE HE CALLED MAINT. WE WENT THROUGH THE MEL TO SEE IF WE COULD MEL THE GUST LOCK; BUT IT STILL DIDN'T WORK PROPERLY. WHEN THE MECHANIC GOT THERE I EXPLAINED TO HIM THE PROB. THE MECHANIC WENT TO CHECK THE GUST LOCK AND SAID IT WAS WORKING PROPERLY AND THAT THERE WERE DIFFERENT MODIFICATIONS ON THE DIFFERENT AIRPLANES. HE LEFT AND CAME BACK WITH SOME PRINTOUTS AND WENT THROUGH THE GUST LOCK PROCS ON THEM AND STILL SAID IT WORKED CORRECTLY; I INSISTED IT DIDN'T AND HE SAID I COULD WRITE UP THE GUST LOCK BUT HE WOULD JUST MEL IT. HE SAID THAT HE HAD WORKED ON THESE PLANES FOR SEVERAL YEARS AND KNEW HOW THEY WORKED. THE MECHANIC LEFT AGAIN AND CAME BACK WITH A SECOND MECHANIC. I EXPLAINED THE PROB TO THE SECOND MECHANIC WHO THEN LEFT. WHEN THE SECOND MECHANIC CAME BACK HE TOLD THE FIRST ONE THAT THE GUST LOCK WAS NOT WORKING PROPERLY AND COULDN'T BE MEL'D. HE HAD CHKED SEVERAL OTHER PLANES TO SEE HOW THEY WORKED AND HAD ALSO TALKED TO THE ASSISTANT CHIEF PLT.CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR STATED THAT WITH THE CONTROL COLUMN PUSHED FULL FORWARD; THE GUST LOCK LEVER COULD BE MOVED. THIS IS THE RPTR'S SECOND EXPERIENCE WITH THE FAILURE OF THIS GUST LOCK TEST AND IN BOTH CASES THE AIRPLANE WAS REMOVED FROM SVC AND FIXED. THIS GUST LOCK HAS CAUSED SEVERAL DIVERSIONS WHEN THE GUST LOCK LIGHT ILLUMINATED INFLT INDICATING THE GUST LOCK WAS ENERGIZED. THE RPTR STATES THIS TEST IS NOT WELL KNOWN TO MANY CAPTS AND SHOULD GET SOME PUBLICITY.

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.