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Flight crew of an embraer EMB145 (E145) operated aircraft under IFR flight plan rules when the MEL deferred #2 communication inoperative called for VFR only under FL180. Flight crew and dispatcher learned after a day of flying aircraft, including above FL180 required under IFR flight plan. Crew and dispatch believed that only IMC was not approved.
| Attributes | |
| ACN | 411090 |
| Time | |
| Date | 199808 |
| Day | Wed |
| Local Time Of Day | 0601 To 1200 |
| Place | |
| Locale Reference | airport : zzz |
| State Reference | US |
| Altitude | agl bound lower : 0 agl bound upper : 0 |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | tower : apa |
| Operator | common carrier : air carrier |
| Make Model Name | Embraer Undifferentiated or Other Model |
| Operating Under FAR Part | Part 121 |
| Navigation In Use | Other Other |
| Flight Phase | other |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : first officer |
| Qualification | pilot : instrument pilot : cfi pilot : commercial |
| Experience | flight time last 90 days : 130 flight time total : 7700 flight time type : 130 |
| ASRS Report | 411090 |
| Person 2 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : atp |
| Events | |
| Anomaly | aircraft equipment problem : less severe non adherence : published procedure non adherence : far non adherence other other anomaly other |
| Independent Detector | other other : unspecified |
| Resolutory Action | none taken : detected after the fact |
| Consequence | Other |
| Supplementary | |
| Primary Problem | Aircraft |
| Air Traffic Incident | Pilot Deviation |
Narrative:
Received aircraft with #2 communication radio inoperative and was so noted in the maintenance log and deferred as per the company MEL. The only operational limitation was that the aircraft was VFR only. We took this to mean VFR conditions at all times and because skies were clear, we thought we had no problems. Aircraft was dispatched by company dispatcher on an IFR flight plan and we operated all day on IFR flight plans at altitudes up to FL290, but maintained VMC conditions. We later learned that the intent of the wording of the MEL was aircraft was to run on VFR flight plans only and below FL180. Company dispatch misunderstood MEL as well as flcs.
Original NASA ASRS Text
Title: FLC OF AN EMBRAER EMB145 (E145) OPERATED ACFT UNDER IFR FLT PLAN RULES WHEN THE MEL DEFERRED #2 COM INOP CALLED FOR VFR ONLY UNDER FL180. FLC AND DISPATCHER LEARNED AFTER A DAY OF FLYING ACFT, INCLUDING ABOVE FL180 REQUIRED UNDER IFR FLT PLAN. CREW AND DISPATCH BELIEVED THAT ONLY IMC WAS NOT APPROVED.
Narrative: RECEIVED ACFT WITH #2 COM RADIO INOP AND WAS SO NOTED IN THE MAINT LOG AND DEFERRED AS PER THE COMPANY MEL. THE ONLY OPERATIONAL LIMITATION WAS THAT THE ACFT WAS VFR ONLY. WE TOOK THIS TO MEAN VFR CONDITIONS AT ALL TIMES AND BECAUSE SKIES WERE CLR, WE THOUGHT WE HAD NO PROBS. ACFT WAS DISPATCHED BY COMPANY DISPATCHER ON AN IFR FLT PLAN AND WE OPERATED ALL DAY ON IFR FLT PLANS AT ALTS UP TO FL290, BUT MAINTAINED VMC CONDITIONS. WE LATER LEARNED THAT THE INTENT OF THE WORDING OF THE MEL WAS ACFT WAS TO RUN ON VFR FLT PLANS ONLY AND BELOW FL180. COMPANY DISPATCH MISUNDERSTOOD MEL AS WELL AS FLCS.
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.