B757 captain reports being assigned an aircraft for a part 91 ferry flight with passengers aboard. T...

Attributes
ACN	816350
Time
Date	200812
Local Time Of Day	0001 To 0600
Place
Locale Reference	airport : ord.airport
State Reference	IL
Altitude	agl single value : 0
Environment
Flight Conditions	IMC
Aircraft 1
Controlling Facilities	tower : las.tower
Operator	common carrier : air carrier
Make Model Name	B757-200
Operating Under FAR Part	Part 121
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Experience	flight time last 90 days : 100 flight time total : 10000 flight time type : 3000
ASRS Report	816350
Events
Anomaly	non adherence : far
Independent Detector	other flight crewa
Resolutory Action	other
Supplementary
Problem Areas	Company Aircraft
Primary Problem	Company

Narrative:

During preflight planning; I noticed the dispatcher's notes included: hydraulic motor generator -2425A and part 91-repositioning flight. The current dispatch items included hydraulic motor generator inoperative. I also noticed the passenger load was planned for 12/142. I called the dispatcher and refused the aircraft. Was dispatch trying to dispatch us part 91 with passengers on board? Has dispatch lost the authority to refuse an aircraft? Must all refusals; even illegal dispatches; come from the captain? Shortly after the refusal; a new aircraft was assigned but no one notified the crew. Moments after I realized a new aircraft was assigned; a flight manager approached and told me the gate was looking for us; our passengers were loaded and ready to go. The flight was further delayed while we flight planned with the new assigned aircraft.

Original NASA ASRS Text

Title: B757 Captain reports being assigned an aircraft for a part 91 ferry flight with passengers aboard. The aircraft also had a required piece of equipment on MEL.

Narrative: During preflight planning; I noticed the Dispatcher's notes included: hydraulic motor generator -2425A and Part 91-Repositioning Flight. The current dispatch items included hydraulic motor generator inoperative. I also noticed the passenger load was planned for 12/142. I called the Dispatcher and refused the aircraft. Was Dispatch trying to dispatch us Part 91 with passengers on board? Has Dispatch lost the authority to refuse an aircraft? Must all refusals; even illegal dispatches; come from the Captain? Shortly after the refusal; a new aircraft was assigned but no one notified the crew. Moments after I realized a new aircraft was assigned; a Flight Manager approached and told me the gate was looking for us; our passengers were loaded and ready to go. The flight was further delayed while we flight planned with the new assigned aircraft.

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

B757 captain reports being assigned an aircraft for a part 91 ferry flight with passengers aboard. The aircraft also had a required piece of equipment on MEL.