<< >> NASA ASRS Report 507323, April 2001

Captain of a cargo B727 operated aircraft in non compliance with MEL covering the cargo compartment fire detection system.

Attributes
ACN	507323
Time
Date	200104
Day	Mon
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : iah.airport
State Reference	TX
Altitude	agl single value : 0
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	B727 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	ground : parked
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 40 flight time total : 8200 flight time type : 1300
ASRS Report	507323
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	aircraft equipment problem : critical maintenance problem : non compliance with mel non adherence : published procedure non adherence : far
Independent Detector	other flight crewa other other : 2
Resolutory Action	none taken : detected after the fact
Consequence	other
Supplementary
Problem Areas	Flight Crew Human Performance Aircraft Company
Primary Problem	Aircraft

Narrative:

Our fire detection system was deferred due to a single sensor not testing. As I read the MEL, it was my understanding that the entire upper cargo area could not be loaded. When I refused the airplane, I was told to call the chief pilot at home. The chief pilot told me that all freight airplanes had this same wording but that 1 sensor did not void the entire upper deck. He called back about 15 mins later and told me the MEL had an error in the most recent revision. They faxed the page prior to the revision which had an 'or' in the sentence I had in question. The chief pilot said all MEL's had this 'or' missing in our MEL. Upon return to cvg, I discovered that what the chief pilot told me was not correct. Indeed, the FAA had purposely removed the 'or.' I had therefore been coerced into taking a non-airworthy aircraft.

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Original NASA ASRS Text

Title: CAPT OF A CARGO B727 OPERATED ACFT IN NON COMPLIANCE WITH MEL COVERING THE CARGO COMPARTMENT FIRE DETECTION SYS.

Narrative: OUR FIRE DETECTION SYS WAS DEFERRED DUE TO A SINGLE SENSOR NOT TESTING. AS I READ THE MEL, IT WAS MY UNDERSTANDING THAT THE ENTIRE UPPER CARGO AREA COULD NOT BE LOADED. WHEN I REFUSED THE AIRPLANE, I WAS TOLD TO CALL THE CHIEF PLT AT HOME. THE CHIEF PLT TOLD ME THAT ALL FREIGHT AIRPLANES HAD THIS SAME WORDING BUT THAT 1 SENSOR DID NOT VOID THE ENTIRE UPPER DECK. HE CALLED BACK ABOUT 15 MINS LATER AND TOLD ME THE MEL HAD AN ERROR IN THE MOST RECENT REVISION. THEY FAXED THE PAGE PRIOR TO THE REVISION WHICH HAD AN 'OR' IN THE SENTENCE I HAD IN QUESTION. THE CHIEF PLT SAID ALL MEL'S HAD THIS 'OR' MISSING IN OUR MEL. UPON RETURN TO CVG, I DISCOVERED THAT WHAT THE CHIEF PLT TOLD ME WAS NOT CORRECT. INDEED, THE FAA HAD PURPOSELY REMOVED THE 'OR.' I HAD THEREFORE BEEN COERCED INTO TAKING A NON-AIRWORTHY ACFT.

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.