Narrative:

During preflight I discovered the DME was OTS (noted reference to MEL). Departed for destination planning on the NDB approach, but thought I would ask oma approach if they could call my letdown fix on VOR/DME approach (a lot better approach for red oak). They said ok and called it for me. I began descent for MDA when they called and said they had made a mistake, that I should climb back up and that they would be unable to call the fix for me. Fortunately I was in VFR conditions (marginal) during this whole time and I was able to see the airport and make a visual approach. I was on an IFR flight plan and I did descend below the published altitude (by about 300') before being called by approach and climbing back up. On return flight I did fly at FL240 west/O the operating DME--I thought I knew what I was doing as I remembered far 91.33(east) as stating that DME was required for flight above 24000', not at or above 24000'.

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Original NASA ASRS Text

Title: ATX SMT UNAUTH DSNT EXCURSION FROM CLRNC ALT AND NON ADHERENCE TO FEDERAL AVIATION REG REQUIREMENT.

Narrative: DURING PREFLT I DISCOVERED THE DME WAS OTS (NOTED REF TO MEL). DEPARTED FOR DEST PLANNING ON THE NDB APCH, BUT THOUGHT I WOULD ASK OMA APCH IF THEY COULD CALL MY LETDOWN FIX ON VOR/DME APCH (A LOT BETTER APCH FOR RED OAK). THEY SAID OK AND CALLED IT FOR ME. I BEGAN DSCNT FOR MDA WHEN THEY CALLED AND SAID THEY HAD MADE A MISTAKE, THAT I SHOULD CLB BACK UP AND THAT THEY WOULD BE UNABLE TO CALL THE FIX FOR ME. FORTUNATELY I WAS IN VFR CONDITIONS (MARGINAL) DURING THIS WHOLE TIME AND I WAS ABLE TO SEE THE ARPT AND MAKE A VISUAL APCH. I WAS ON AN IFR FLT PLAN AND I DID DSND BELOW THE PUBLISHED ALT (BY ABOUT 300') BEFORE BEING CALLED BY APCH AND CLBING BACK UP. ON RETURN FLT I DID FLY AT FL240 W/O THE OPERATING DME--I THOUGHT I KNEW WHAT I WAS DOING AS I REMEMBERED FAR 91.33(E) AS STATING THAT DME WAS REQUIRED FOR FLT ABOVE 24000', NOT AT OR ABOVE 24000'.

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.