A B727-200 was dispatched in non compliance with the right 'B' hydraulic system electric pump deferred as inoperative in conflict with the MEL.

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Attributes
ACN	475592
Time
Date	200006
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : iad.airport
State Reference	VA
Altitude	agl single value : 0
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : iad.tower
Operator	common carrier : air carrier
Make Model Name	B727-200
Operating Under FAR Part	Part 121
Flight Phase	ground : taxi
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 11000 flight time type : 1100
ASRS Report	475592
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : private pilot : multi engine pilot : flight engineer pilot : commercial pilot : atp
Experience	flight time last 90 days : 170 flight time total : 2800 flight time type : 120
ASRS Report	475753
Events
Anomaly	aircraft equipment problem : critical maintenance problem : non compliance with mel maintenance problem : improper maintenance maintenance problem : improper documentation non adherence : published procedure non adherence : far
Independent Detector	aircraft equipment other aircraft equipment : b pump over heat light other flight crewa
Resolutory Action	none taken : detected after the fact
Consequence	other other
Factors
Maintenance	contributing factor : manuals contributing factor : schedule pressure performance deficiency : non compliance with legal requirements performance deficiency : logbook entry performance deficiency : repair performance deficiency : fault isolation
Supplementary
Problem Areas	Maintenance Human Performance Flight Crew Human Performance Aircraft Chart Or Publication
Primary Problem	Maintenance Human Performance

Narrative:

During taxi out at iad the overheat light for the B pumps came on. We stopped the airplane and set the parking brake. We followed the manual procedures and found the right B pump was causing the overheat problem. Per the manual: have the B pump causing the overheat problem off and the other one on. As we parked we called line maintenance and explained the problem. Maintenance said it was ok to defer and ok to continue and gave us the deferral identify. We took off to tpa. On the way we sent a message to dispatch and asked them if we would keep the same airplane through chicago with the B pump problem. Their response was yes. At the gate in ord maintenance came on board and read the write-up in the aircraft's logbook. The so also explained the problem to the mechanic. They continued to dispatch us to mke. After we landed in mke I found that the airplane is not legal to fly with 1 B pump inoperative. There is no MEL in the airplane. We had no way to know if the deferral was legal or not and had to go on the word of the maintenance department.

Original NASA ASRS Text

Title: A B727-200 WAS DISPATCHED IN NON COMPLIANCE WITH THE R 'B' HYD SYS ELECTRIC PUMP DEFERRED AS INOP IN CONFLICT WITH THE MEL.

Narrative: DURING TAXI OUT AT IAD THE OVERHEAT LIGHT FOR THE B PUMPS CAME ON. WE STOPPED THE AIRPLANE AND SET THE PARKING BRAKE. WE FOLLOWED THE MANUAL PROCS AND FOUND THE R B PUMP WAS CAUSING THE OVERHEAT PROB. PER THE MANUAL: HAVE THE B PUMP CAUSING THE OVERHEAT PROB OFF AND THE OTHER ONE ON. AS WE PARKED WE CALLED LINE MAINT AND EXPLAINED THE PROB. MAINT SAID IT WAS OK TO DEFER AND OK TO CONTINUE AND GAVE US THE DEFERRAL IDENT. WE TOOK OFF TO TPA. ON THE WAY WE SENT A MESSAGE TO DISPATCH AND ASKED THEM IF WE WOULD KEEP THE SAME AIRPLANE THROUGH CHICAGO WITH THE B PUMP PROB. THEIR RESPONSE WAS YES. AT THE GATE IN ORD MAINT CAME ON BOARD AND READ THE WRITE-UP IN THE ACFT'S LOGBOOK. THE SO ALSO EXPLAINED THE PROB TO THE MECH. THEY CONTINUED TO DISPATCH US TO MKE. AFTER WE LANDED IN MKE I FOUND THAT THE AIRPLANE IS NOT LEGAL TO FLY WITH 1 B PUMP INOP. THERE IS NO MEL IN THE AIRPLANE. WE HAD NO WAY TO KNOW IF THE DEFERRAL WAS LEGAL OR NOT AND HAD TO GO ON THE WORD OF THE MAINT DEPT.

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.