Narrative:

I am a part 135 single pilot operator. Being concerned about getting my 6 month IFR check ride accomplished before the expiration of my grace month and being ignored by my poi for scheduling the check ride at the hillsboro, or, FSDO, despite written advance notice and numerous phone calls to him, I decided to fly to hillsboro (200 NM) from medford to convince FAA to give me the IFR check ride that day. Before my departure on the morning of 2 wed 94, I received a request from a friend (another 135 operator) to take 3 passenger to salem and back, for him. I agreed to this request, as I was going in that direction anyway. And, due to the fact that my friend had done many uncompensated favors for me in the past, I decided to take his passenger for no compensation whatsoever. After dropping off the passenger in salem, or, I then went to hillsboro airport to take my 135 check ride. In the first 5 mins of my 135 check ride I experienced a radio failure and a mode C failure, which contributed to my failure to properly execute a required turn to a holding pattern entry. The examiner on board failed me at that point and told me to return to the airport. Upon the return, the examiner noticed that my flap indicator level appeared to be stuck in a 10 degrees indication, despite the normal operation of the flaps themselves. The examiner suggested that I should get the indicator lever repaired as soon as possible. Before departing for salem, I managed to free the indicator and after 2 cycles of the flaps, the lever was operating normally. As a precautionary measure, however, I decided not to use the flaps until I was on the ground at salem. At salem, I tried the flaps again and the indicator did again stick at the 10 degrees mark. I then asked a mechanic to take a look. He did so and said the indicator bar was catching on a nearby cable. The mechanic then twisted something with a pair of pliers and said that all was ok now, and the flaps were safe to use. I then boarded the 3 original passenger and returned them to the north bend airport. Then I returned to medford. Before any other flts, I had my regular mechanic inspect the operation of the flap lever again, and certify that they were safe. I am being accused by the FAA of 2 possible violations: operating the aircraft with a known malfunction flap lever indicator, and carrying passenger for compensation after failing a 135 IFR check ride. My operations regarding the flap indicator were described above, and I maintain that the flaps were operating normally and safely before takeoff from hillsboro and salem. As far as part 135 passenger were concerned, I conducted the entire flight uncompensated, and under part 91 rules as far as I was concerned. I had no reason to believe that the passenger would ever be charged for this flight. Callback conversation with reporter revealed the following information: reporter states that he feels he is being harassed by the feds. He made sure flap indicator -- and it was only the indicator, the flaps functioned normally -- was operating properly before departure at both airports. He had received help from AOPA with an attorney, has submitted a letter from his mechanic and now feels the investigation will proceed no further. He never received any compensation for the passenger or himself, and feels he violated no regulations.

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Original NASA ASRS Text

Title: RPTR ALLEGEDLY FLEW WITH FLAP INDICATOR MALFUNCTION.

Narrative: I AM A PART 135 SINGLE PLT OPERATOR. BEING CONCERNED ABOUT GETTING MY 6 MONTH IFR CHK RIDE ACCOMPLISHED BEFORE THE EXPIRATION OF MY GRACE MONTH AND BEING IGNORED BY MY POI FOR SCHEDULING THE CHK RIDE AT THE HILLSBORO, OR, FSDO, DESPITE WRITTEN ADVANCE NOTICE AND NUMEROUS PHONE CALLS TO HIM, I DECIDED TO FLY TO HILLSBORO (200 NM) FROM MEDFORD TO CONVINCE FAA TO GIVE ME THE IFR CHK RIDE THAT DAY. BEFORE MY DEP ON THE MORNING OF 2 WED 94, I RECEIVED A REQUEST FROM A FRIEND (ANOTHER 135 OPERATOR) TO TAKE 3 PAX TO SALEM AND BACK, FOR HIM. I AGREED TO THIS REQUEST, AS I WAS GOING IN THAT DIRECTION ANYWAY. AND, DUE TO THE FACT THAT MY FRIEND HAD DONE MANY UNCOMPENSATED FAVORS FOR ME IN THE PAST, I DECIDED TO TAKE HIS PAX FOR NO COMPENSATION WHATSOEVER. AFTER DROPPING OFF THE PAX IN SALEM, OR, I THEN WENT TO HILLSBORO ARPT TO TAKE MY 135 CHK RIDE. IN THE FIRST 5 MINS OF MY 135 CHK RIDE I EXPERIENCED A RADIO FAILURE AND A MODE C FAILURE, WHICH CONTRIBUTED TO MY FAILURE TO PROPERLY EXECUTE A REQUIRED TURN TO A HOLDING PATTERN ENTRY. THE EXAMINER ON BOARD FAILED ME AT THAT POINT AND TOLD ME TO RETURN TO THE ARPT. UPON THE RETURN, THE EXAMINER NOTICED THAT MY FLAP INDICATOR LEVEL APPEARED TO BE STUCK IN A 10 DEGS INDICATION, DESPITE THE NORMAL OPERATION OF THE FLAPS THEMSELVES. THE EXAMINER SUGGESTED THAT I SHOULD GET THE INDICATOR LEVER REPAIRED AS SOON AS POSSIBLE. BEFORE DEPARTING FOR SALEM, I MANAGED TO FREE THE INDICATOR AND AFTER 2 CYCLES OF THE FLAPS, THE LEVER WAS OPERATING NORMALLY. AS A PRECAUTIONARY MEASURE, HOWEVER, I DECIDED NOT TO USE THE FLAPS UNTIL I WAS ON THE GND AT SALEM. AT SALEM, I TRIED THE FLAPS AGAIN AND THE INDICATOR DID AGAIN STICK AT THE 10 DEGS MARK. I THEN ASKED A MECH TO TAKE A LOOK. HE DID SO AND SAID THE INDICATOR BAR WAS CATCHING ON A NEARBY CABLE. THE MECH THEN TWISTED SOMETHING WITH A PAIR OF PLIERS AND SAID THAT ALL WAS OK NOW, AND THE FLAPS WERE SAFE TO USE. I THEN BOARDED THE 3 ORIGINAL PAX AND RETURNED THEM TO THE NORTH BEND ARPT. THEN I RETURNED TO MEDFORD. BEFORE ANY OTHER FLTS, I HAD MY REGULAR MECH INSPECT THE OP OF THE FLAP LEVER AGAIN, AND CERTIFY THAT THEY WERE SAFE. I AM BEING ACCUSED BY THE FAA OF 2 POSSIBLE VIOLATIONS: OPERATING THE ACFT WITH A KNOWN MALFUNCTION FLAP LEVER INDICATOR, AND CARRYING PAX FOR COMPENSATION AFTER FAILING A 135 IFR CHK RIDE. MY OPS REGARDING THE FLAP INDICATOR WERE DESCRIBED ABOVE, AND I MAINTAIN THAT THE FLAPS WERE OPERATING NORMALLY AND SAFELY BEFORE TKOF FROM HILLSBORO AND SALEM. AS FAR AS PART 135 PAX WERE CONCERNED, I CONDUCTED THE ENTIRE FLT UNCOMPENSATED, AND UNDER PART 91 RULES AS FAR AS I WAS CONCERNED. I HAD NO REASON TO BELIEVE THAT THE PAX WOULD EVER BE CHARGED FOR THIS FLT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES THAT HE FEELS HE IS BEING HARASSED BY THE FEDS. HE MADE SURE FLAP INDICATOR -- AND IT WAS ONLY THE INDICATOR, THE FLAPS FUNCTIONED NORMALLY -- WAS OPERATING PROPERLY BEFORE DEP AT BOTH ARPTS. HE HAD RECEIVED HELP FROM AOPA WITH AN ATTORNEY, HAS SUBMITTED A LETTER FROM HIS MECH AND NOW FEELS THE INVESTIGATION WILL PROCEED NO FURTHER. HE NEVER RECEIVED ANY COMPENSATION FOR THE PAX OR HIMSELF, AND FEELS HE VIOLATED NO REGS.

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.