Air carrier mdt released without meeting MEL requirement.

Attributes
ACN	236890
Time
Date	199303
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : dca
State Reference	DC
Altitude	agl bound lower : 0 agl bound upper : 0
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Medium Transport, High Wing, 2 Turboprop Eng
Navigation In Use	Other
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 255 flight time total : 6000 flight time type : 1700
ASRS Report	236890
Person 2
Affiliation	company : air carrier
Function	other personnel other
Qualification	other other : other
Events
Anomaly	aircraft equipment problem : critical non adherence : far
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Air Traffic Incident	Pilot Deviation other

Narrative:

We were taxiing in from our flight from ewr. As part of our after landing checklist the captain (myself) is supposed to place the flight/taxi switch to taxi to retract the spoilers. When I placed the switch to taxi it came off in my hand! I notified maintenance and they disabled the ground spoilers in accordance with MEL 27-8 but a supplement #9 with our airlines states that the flight/taxi switch must be operable. I told them since the switch came off it was not operable. Maintenance control said they were complying with the MEL and told me the aircraft was legally released for revenue flight. I went ahead and took the aircraft. Looking back on the situation I should have stood my ground and directed their attention to supplement #9. I believe the company was trying to keep us moving along since we were running almost an hour late.

Original NASA ASRS Text

Title: ACR MDT RELEASED WITHOUT MEETING MEL REQUIREMENT.

Narrative: WE WERE TAXIING IN FROM OUR FLT FROM EWR. AS PART OF OUR AFTER LNDG CHKLIST THE CAPT (MYSELF) IS SUPPOSED TO PLACE THE FLT/TAXI SWITCH TO TAXI TO RETRACT THE SPOILERS. WHEN I PLACED THE SWITCH TO TAXI IT CAME OFF IN MY HAND! I NOTIFIED MAINT AND THEY DISABLED THE GND SPOILERS IN ACCORDANCE WITH MEL 27-8 BUT A SUPPLEMENT #9 WITH OUR AIRLINES STATES THAT THE FLT/TAXI SWITCH MUST BE OPERABLE. I TOLD THEM SINCE THE SWITCH CAME OFF IT WAS NOT OPERABLE. MAINT CTL SAID THEY WERE COMPLYING WITH THE MEL AND TOLD ME THE ACFT WAS LEGALLY RELEASED FOR REVENUE FLT. I WENT AHEAD AND TOOK THE ACFT. LOOKING BACK ON THE SIT I SHOULD HAVE STOOD MY GND AND DIRECTED THEIR ATTN TO SUPPLEMENT #9. I BELIEVE THE COMPANY WAS TRYING TO KEEP US MOVING ALONG SINCE WE WERE RUNNING ALMOST AN HR LATE.

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.