Narrative:

First I should explain the word 'forced'. I noticed that the dmi was a legal deferred maintenance item as per the MEL, however the aircraft could not be legally flown as per the company's general operations manual. I notified dispatch. Dispatch attempted to notify the chief pilot, he was unavailable. Dispatch then notified the director of operations who heatedly said the aircraft could be flown. He did not even get the facts. At this point I knew that if I refused to fly the aircraft I would be suspended or fired. (In the past week 2 pilots had been suspended for overflying an airport due to bad WX.) now that I have explained what I mean by forced, I will explain the dmi. Aircraft had communication #2 deferred as per MEL 23-5 which states a communication radio can be deferred only if the crew can monitor and receive voice transmissions over a VHF navigational facility. The air carrier general operations manual states that all aircraft will monitor company frequency whenever in flight or on the ground except when operating in congested areas. It also states that, 'at no time will the flight lose or interrupt communications with ATC F0R the purpose of communication with the company.' with communication #2 inoperative, we could not comply with this. Dispatch was notified and I thoroughly explained the situation. They did not even care about the situation they were putting themselves in. We flew a round trip to cak out of dtw. A situation occurred on the way to cak to emphasize the need for 2 communication radios. A passenger, who had been drinking and was upset because of the delays and cancellations, became abusive to our F/a. We were in a busy ATC environment and could not leave our present frequency to radio ahead to our station to have police standing by. We did not have time to call the company until we were on the ground. By the time ample police protection had arrived the situation had developed much further than necessary.

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Original NASA ASRS Text

Title: REPORTER REQUIRED TO FLY AN ACFT THAT HE THOUGHT DID NOT MEET THE MINIMUM EQUIPMENT LIST REQUIREMENTS.

Narrative: FIRST I SHOULD EXPLAIN THE WORD 'FORCED'. I NOTICED THAT THE DMI WAS A LEGAL DEFERRED MAINT ITEM AS PER THE MEL, HOWEVER THE ACFT COULD NOT BE LEGALLY FLOWN AS PER THE COMPANY'S GENERAL OPERATIONS MANUAL. I NOTIFIED DISPATCH. DISPATCH ATTEMPTED TO NOTIFY THE CHIEF PLT, HE WAS UNAVAILABLE. DISPATCH THEN NOTIFIED THE DIRECTOR OF OPERATIONS WHO HEATEDLY SAID THE ACFT COULD BE FLOWN. HE DID NOT EVEN GET THE FACTS. AT THIS POINT I KNEW THAT IF I REFUSED TO FLY THE ACFT I WOULD BE SUSPENDED OR FIRED. (IN THE PAST WEEK 2 PLTS HAD BEEN SUSPENDED FOR OVERFLYING AN ARPT DUE TO BAD WX.) NOW THAT I HAVE EXPLAINED WHAT I MEAN BY FORCED, I WILL EXPLAIN THE DMI. ACFT HAD COM #2 DEFERRED AS PER MEL 23-5 WHICH STATES A COM RADIO CAN BE DEFERRED ONLY IF THE CREW CAN MONITOR AND RECEIVE VOICE TRANSMISSIONS OVER A VHF NAVIGATIONAL FAC. THE ACR GENERAL OPERATIONS MANUAL STATES THAT ALL ACFT WILL MONITOR COMPANY FREQ WHENEVER IN FLT OR ON THE GND EXCEPT WHEN OPERATING IN CONGESTED AREAS. IT ALSO STATES THAT, 'AT NO TIME WILL THE FLT LOSE OR INTERRUPT COMS WITH ATC F0R THE PURPOSE OF COM WITH THE COMPANY.' WITH COM #2 INOP, WE COULD NOT COMPLY WITH THIS. DISPATCH WAS NOTIFIED AND I THOROUGHLY EXPLAINED THE SITUATION. THEY DID NOT EVEN CARE ABOUT THE SITUATION THEY WERE PUTTING THEMSELVES IN. WE FLEW A ROUND TRIP TO CAK OUT OF DTW. A SITUATION OCCURRED ON THE WAY TO CAK TO EMPHASIZE THE NEED FOR 2 COM RADIOS. A PAX, WHO HAD BEEN DRINKING AND WAS UPSET BECAUSE OF THE DELAYS AND CANCELLATIONS, BECAME ABUSIVE TO OUR F/A. WE WERE IN A BUSY ATC ENVIRONMENT AND COULD NOT LEAVE OUR PRESENT FREQ TO RADIO AHEAD TO OUR STATION TO HAVE POLICE STANDING BY. WE DID NOT HAVE TIME TO CALL THE COMPANY UNTIL WE WERE ON THE GND. BY THE TIME AMPLE POLICE PROTECTION HAD ARRIVED THE SITUATION HAD DEVELOPED MUCH FURTHER THAN NECESSARY.

Data retrieved from NASA's ASRS site as of August 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.