Narrative:

Upon inspection of the log book; one item had been written up. [This was] a repeat item; brake temperature indicator erratic; full scale deflection and the over temperature light illuminated. Maintenance deferred the brake temperature gauge. Reading the MEL; I could not accept the aircraft. MEL said I had to comply with any aircraft flight manual limitation associated with the brakes. Maximum temperature 205 degrees for takeoff was the first to come to mind. I told the mechanic I would take it if we felt or took the temperature of the brakes and then follow me to the end of the runway and have him check the temperatures with a laser thermometer or what ever would take the temperature. He said he would not be able to do that. I called dispatch; he read the MEL and agreed; patched me through to maintenance control. I spoke to mr. X; he read the MEL; he asked everyone in the room where he was if they could shed additional light on the subject. No one could; he agreed with me. He had the mechanic replace the brake temperature gauge. Signed off the book and we left. On taxi out; the gauge did the same thing when the left brake was applied. I returned to the gate. I again spoke to dispatch; maintenance control and mr. X who asked me to call mr. Y. I did. Mr. Y told me the part of the MEL I referenced was not intended for me to use and that all I should look at was the part about the 'quick turn brake temperature chart.' I asked if I was not to comply with it; why was it in the MEL. He explained about the 'master MEL' that was purchased from boeing; and some things in the MEL don't apply to us. I was still not convinced; having read the preamble; I could not glean the fact that certain items I was to ignore. Mr. Y assured me he would not want me to do anything that would jeopardize the safety of the flight or my ticket. We waited for another aircraft to arrive and took that one on the continuation of the flight. If in fact the MEL is written in such a way that I am supposed to 'ignore' certain parts; the MEL should be amended with those parts I am not to read; removed. Or the MEL should state that I am not required to comply with aircraft flight manual limitations.

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Original NASA ASRS Text

Title: A MD80's brake temperature sensor was indicating temperature incorrectly which made it not reliable for pre-takeoff temperature sensing because the MEL required the system to be functional. Maintenance told the Captain that MEL did not apply to their aircraft and so he could be dispatched; the Captain then refused the aircraft.

Narrative: Upon inspection of the log book; one item had been written up. [This was] a repeat item; brake temperature indicator erratic; full scale deflection and the over temperature light illuminated. Maintenance deferred the brake temperature gauge. Reading the MEL; I could not accept the aircraft. MEL said I had to comply with any Aircraft Flight Manual limitation associated with the brakes. Maximum temperature 205 degrees for takeoff was the first to come to mind. I told the Mechanic I would take it if we felt or took the temperature of the brakes and then follow me to the end of the runway and have him check the temperatures with a laser thermometer or what ever would take the temperature. He said he would not be able to do that. I called Dispatch; he read the MEL and agreed; patched me through to Maintenance Control. I spoke to Mr. X; he read the MEL; he asked everyone in the room where he was if they could shed additional light on the subject. No one could; he agreed with me. He had the Mechanic replace the brake temperature gauge. Signed off the book and we left. On taxi out; the gauge did the same thing when the left brake was applied. I returned to the gate. I again spoke to Dispatch; Maintenance Control and Mr. X who asked me to call Mr. Y. I did. Mr. Y told me the part of the MEL I referenced was not intended for me to use and that all I should look at was the part about the 'quick turn brake temperature chart.' I asked if I was not to comply with it; why was it in the MEL. He explained about the 'Master MEL' that was purchased from Boeing; and some things in the MEL don't apply to us. I was still not convinced; having read the preamble; I could not glean the fact that certain items I was to ignore. Mr. Y assured me he would not want me to do anything that would jeopardize the safety of the flight or my ticket. We waited for another aircraft to arrive and took that one on the continuation of the flight. If in fact the MEL is written in such a way that I am supposed to 'ignore' certain parts; the MEL should be amended with those parts I am not to read; removed. Or the MEL should state that I am not required to comply with Aircraft Flight Manual limitations.

Data retrieved from NASA's ASRS site as of April 2012 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.