Narrative:

Aircraft was dispatched with pack inoperative due to overheating. Mechanic stated that flight could not be conducted above FL350. During climb out, captain requested to stop climb at FL350 (filed altitude was FL390). The controller told us that that would be fine provided we slowed to .76 mach. The captain thought and said he would take FL390, at which time I stated that, per our limitations, FL350 was our maximum allowable altitude. He would not hear of it. We climbed up to FL390. He then said he would turn on the inoperative pack, which he promptly did. I told him that I thought it was better to leave it off as it was inoperative. (We watched the mechanics troubleshoot on the ground and saw it overheat several times). He told me 'don't worry. The mechanic said I could try it out.' our regulations specifically tell us not to activate maintenance deferred components. He would not listen. I've flown many times with this captain, and he is the only one who will not heed regulations or take advice. Not about WX, maintenance, or anything. It is like warfare in the cockpit. I feel like my license is always on the line when I fly with him.

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Original NASA ASRS Text

Title: ACR EXCEEDS ALT RECOMMENDED BY MAINT BECAUSE OF 1 PACK INOP. CAPT INSISTS OK TO 'TRY OUT' THE OVERHEATING PACK.

Narrative: ACFT WAS DISPATCHED WITH PACK INOP DUE TO OVERHEATING. MECH STATED THAT FLT COULD NOT BE CONDUCTED ABOVE FL350. DURING CLBOUT, CAPT REQUESTED TO STOP CLB AT FL350 (FILED ALT WAS FL390). THE CTLR TOLD US THAT THAT WOULD BE FINE PROVIDED WE SLOWED TO .76 MACH. THE CAPT THOUGHT AND SAID HE WOULD TAKE FL390, AT WHICH TIME I STATED THAT, PER OUR LIMITATIONS, FL350 WAS OUR MAX ALLOWABLE ALT. HE WOULD NOT HEAR OF IT. WE CLBED UP TO FL390. HE THEN SAID HE WOULD TURN ON THE INOP PACK, WHICH HE PROMPTLY DID. I TOLD HIM THAT I THOUGHT IT WAS BETTER TO LEAVE IT OFF AS IT WAS INOP. (WE WATCHED THE MECHS TROUBLESHOOT ON THE GND AND SAW IT OVERHEAT SEVERAL TIMES). HE TOLD ME 'DON'T WORRY. THE MECH SAID I COULD TRY IT OUT.' OUR REGS SPECIFICALLY TELL US NOT TO ACTIVATE MAINT DEFERRED COMPONENTS. HE WOULD NOT LISTEN. I'VE FLOWN MANY TIMES WITH THIS CAPT, AND HE IS THE ONLY ONE WHO WILL NOT HEED REGS OR TAKE ADVICE. NOT ABOUT WX, MAINT, OR ANYTHING. IT IS LIKE WARFARE IN THE COCKPIT. I FEEL LIKE MY LICENSE IS ALWAYS ON THE LINE WHEN I FLY WITH HIM.

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