A DC9-50 may have been dispatched in non compliance with the flight data recorder deferred as inoper...

Attributes
ACN	434607
Time
Date	199904
Day	Fri
Local Time Of Day	0001 To 0600
Place
Locale Reference	airport : zzz.airport
State Reference	US
Altitude	agl single value : 0
Environment
Light	Night
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	DC-9 50
Operating Under FAR Part	Part 121
Flight Phase	ground : maintenance ground : parked
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : atp pilot : commercial pilot : flight engineer
Experience	flight time last 90 days : 110 flight time total : 8400 flight time type : 90
ASRS Report	434607
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	aircraft equipment problem : critical maintenance problem : non compliance with mel other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted none taken : detected after the fact
Consequence	other
Factors
Maintenance	contributing factor : manuals performance deficiency : non compliance with legal requirements
Supplementary
Problem Areas	Aircraft
Primary Problem	Aircraft

Narrative:

After the first leg of our trip from ZZZ to phog, we were advised that the aircraft should not have been flown. The previous night the aircraft's flight data recorder had apparently been improperly MEL'ed. In the morning when we arrived at work we were given the aircraft logbook with the flight data recorder as a deferred item as well as an airworthiness release. So, it appeared to us as if it were legal to fly. After our first flight, the maintenance supervisor determined that the MEL had been done improperly. After a ferry permit was obtained we then ferried the aircraft back to ZZZ. I'm not sure how we could have avoided this problem. After further review of the MEL, it appeared to the captain and I that it was a properly done MEL and as such was a legal flight to take.

Original NASA ASRS Text

Title: A DC9-50 MAY HAVE BEEN DISPATCHED IN NON COMPLIANCE WITH THE FLT DATA RECORDER DEFERRED AS INOP.

Narrative: AFTER THE FIRST LEG OF OUR TRIP FROM ZZZ TO PHOG, WE WERE ADVISED THAT THE ACFT SHOULD NOT HAVE BEEN FLOWN. THE PREVIOUS NIGHT THE ACFT'S FLT DATA RECORDER HAD APPARENTLY BEEN IMPROPERLY MEL'ED. IN THE MORNING WHEN WE ARRIVED AT WORK WE WERE GIVEN THE ACFT LOGBOOK WITH THE FLT DATA RECORDER AS A DEFERRED ITEM AS WELL AS AN AIRWORTHINESS RELEASE. SO, IT APPEARED TO US AS IF IT WERE LEGAL TO FLY. AFTER OUR FIRST FLT, THE MAINT SUPVR DETERMINED THAT THE MEL HAD BEEN DONE IMPROPERLY. AFTER A FERRY PERMIT WAS OBTAINED WE THEN FERRIED THE ACFT BACK TO ZZZ. I'M NOT SURE HOW WE COULD HAVE AVOIDED THIS PROB. AFTER FURTHER REVIEW OF THE MEL, IT APPEARED TO THE CAPT AND I THAT IT WAS A PROPERLY DONE MEL AND AS SUCH WAS A LEGAL FLT TO TAKE.

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.

A DC9-50 may have been dispatched in non compliance with the flight data recorder deferred as inoperative.