Narrative:

Aircraft had MEL issued. Took seatbelt off and moved column full forward and tried to test that gust lock lever would remain in the unlocked position. Gust lock lever moved to the locked position. The column would not lock; however; as I was unable to release the gust lock; we called out maintenance. Mechanic came out and once advised of the problem; removed collar from gust lock circuit breaker and pushed it back in. That released the gust lock. My concern was what if the gust lock lever is moved inadvertently during flight that would not lock the elevator but would restrict throttle movement. He said that the system would know that it was in the air and the gust lever would be locked forward unable to be moved. He then proceeded to pull the air/ground circuit breaker to prove his theory; but the gust lock lever was still moved to the locked position with the control column full forward. After being confused for a few seconds; he tried to pull the gust lock lever without lifting on the tab located on the lever. Without lifting on the tab; the gust lock lever did not move. He explained that is how the system worked and everything was proper. Being a few mins late; the captain did not put it in the logbook. After I returned home I found an e-mail from emb fleet manager stating 'gust lock lever cannot be moved with the control column in the forward position. If the gust lock lever can be moved; the MEL must not be applied.' will be notifying company. ZZZ maintenance was not familiar with electromechanical gust lock; and misinterpreting MEL procedure. Better training for ZZZ maintenance so they do not issue improper MEL's; when they are not allowed. Callback conversation with reporter revealed the following information: reporter stated maintenance is using an MEL procedure that allows for the deferral of the gust lock system after verifying the elevator and control column do not lock when the column is pushed forward. Reporter emphasizes the MEL is not only referencing the elevator electro-mechanical lock in the tail; but that the gust lock lever must also not be able to be moved during the test procedure. If the lever does move then the MEL relief to allow dispatch cannot be used. In other words; if the gust lock lever; on the center pedestal; can be moved; this would be a no-go condition. The gust lock lever on the center pedestal has a connecting rod that attaches to a different lock pin (or safety pin) specifically associated with preventing the movement of the gust lock lever on the pedestal during flight. This is the lock pin that is not locking and is the pin that maintenance does not seem to understand is part of the procedure of what constitutes an unlocked control column and elevator and a secured gust lock lever. If this pin does not lock; then the gust lock lever is not secured in the forward stow position. Therefore; inadvertent aftward movement of this lever is quite possible; resulting in the gust lock lever and attached blocking shaft forcing the throttles aft to almost idle power during any flight condition.

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Original NASA ASRS Text

Title: AN EMB-135 (ERJ-135LR) PILOT REPORTS THAT MAINT IS RELEASING ACFT USING AN MEL PROCEDURE TO DEFER THE GUST LOCK SYSTEM WITHOUT ADDRESSING THE ISSUE OF THE GUST LOCK LEVER IN THE COCKPIT WHICH CAN STILL BE MOVED INADVERTENTLY; FORCING THE THROTTLES AFT TO IDLE.

Narrative: ACFT HAD MEL ISSUED. TOOK SEATBELT OFF AND MOVED COLUMN FULL FORWARD AND TRIED TO TEST THAT GUST LOCK LEVER WOULD REMAIN IN THE UNLOCKED POS. GUST LOCK LEVER MOVED TO THE LOCKED POS. THE COLUMN WOULD NOT LOCK; HOWEVER; AS I WAS UNABLE TO RELEASE THE GUST LOCK; WE CALLED OUT MAINT. MECH CAME OUT AND ONCE ADVISED OF THE PROB; REMOVED COLLAR FROM GUST LOCK CIRCUIT BREAKER AND PUSHED IT BACK IN. THAT RELEASED THE GUST LOCK. MY CONCERN WAS WHAT IF THE GUST LOCK LEVER IS MOVED INADVERTENTLY DURING FLT THAT WOULD NOT LOCK THE ELEVATOR BUT WOULD RESTRICT THROTTLE MOVEMENT. HE SAID THAT THE SYS WOULD KNOW THAT IT WAS IN THE AIR AND THE GUST LEVER WOULD BE LOCKED FORWARD UNABLE TO BE MOVED. HE THEN PROCEEDED TO PULL THE AIR/GND CIRCUIT BREAKER TO PROVE HIS THEORY; BUT THE GUST LOCK LEVER WAS STILL MOVED TO THE LOCKED POS WITH THE CTL COLUMN FULL FORWARD. AFTER BEING CONFUSED FOR A FEW SECONDS; HE TRIED TO PULL THE GUST LOCK LEVER WITHOUT LIFTING ON THE TAB LOCATED ON THE LEVER. WITHOUT LIFTING ON THE TAB; THE GUST LOCK LEVER DID NOT MOVE. HE EXPLAINED THAT IS HOW THE SYS WORKED AND EVERYTHING WAS PROPER. BEING A FEW MINS LATE; THE CAPT DID NOT PUT IT IN THE LOGBOOK. AFTER I RETURNED HOME I FOUND AN E-MAIL FROM EMB FLEET MGR STATING 'GUST LOCK LEVER CANNOT BE MOVED WITH THE CTL COLUMN IN THE FORWARD POS. IF THE GUST LOCK LEVER CAN BE MOVED; THE MEL MUST NOT BE APPLIED.' WILL BE NOTIFYING COMPANY. ZZZ MAINT WAS NOT FAMILIAR WITH ELECTROMECHANICAL GUST LOCK; AND MISINTERPRETING MEL PROC. BETTER TRAINING FOR ZZZ MAINT SO THEY DO NOT ISSUE IMPROPER MEL'S; WHEN THEY ARE NOT ALLOWED. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: REPORTER STATED MAINT IS USING AN MEL PROCEDURE THAT ALLOWS FOR THE DEFERRAL OF THE GUST LOCK SYSTEM AFTER VERIFYING THE ELEVATOR AND CONTROL COLUMN DO NOT LOCK WHEN THE COLUMN IS PUSHED FORWARD. REPORTER EMPHASIZES THE MEL IS NOT ONLY REFERENCING THE ELEVATOR ELECTRO-MECHANICAL LOCK IN THE TAIL; BUT THAT THE GUST LOCK LEVER MUST ALSO NOT BE ABLE TO BE MOVED DURING THE TEST PROCEDURE. IF THE LEVER DOES MOVE THEN THE MEL RELIEF TO ALLOW DISPATCH CANNOT BE USED. IN OTHER WORDS; IF THE GUST LOCK LEVER; ON THE CENTER PEDESTAL; CAN BE MOVED; THIS WOULD BE A NO-GO CONDITION. THE GUST LOCK LEVER ON THE CENTER PEDESTAL HAS A CONNECTING ROD THAT ATTACHES TO A DIFFERENT LOCK PIN (OR SAFETY PIN) SPECIFICALLY ASSOCIATED WITH PREVENTING THE MOVEMENT OF THE GUST LOCK LEVER ON THE PEDESTAL DURING FLIGHT. THIS IS THE LOCK PIN THAT IS NOT LOCKING AND IS THE PIN THAT MAINT DOES NOT SEEM TO UNDERSTAND IS PART OF THE PROCEDURE OF WHAT CONSTITUTES AN UNLOCKED CONTROL COLUMN AND ELEVATOR AND A SECURED GUST LOCK LEVER. IF THIS PIN DOES NOT LOCK; THEN THE GUST LOCK LEVER IS NOT SECURED IN THE FORWARD STOW POSITION. THEREFORE; INADVERTENT AFTWARD MOVEMENT OF THIS LEVER IS QUITE POSSIBLE; RESULTING IN THE GUST LOCK LEVER AND ATTACHED BLOCKING SHAFT FORCING THE THROTTLES AFT TO ALMOST IDLE POWER DURING ANY FLIGHT CONDITION.

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.