EMB145 flight crew questions the zero fuel weight with regard to legal weight and balance procedures...

Attributes
ACN	692103
Time
Date	200603
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : dfw.airport
State Reference	TX
Altitude	agl single value : 0
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	EMB ERJ 145 ER&LR
Operating Under FAR Part	Part 121
Flight Phase	ground : parked
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
ASRS Report	692103
Events
Anomaly	non adherence : company policies non adherence : far non adherence : published procedure
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	other
Supplementary
Problem Areas	Flight Crew Human Performance Aircraft Company
Primary Problem	Company

Narrative:

I called our load room to find out the reason for the delay and they said that we were over zero fuel weight and the ramp had been instructed to move 3 carry-on bags from the cargo bay into the forward cabin closet to bring us under zero fuel weight. While I know this is in compliance with the letter of the law; it seems to be in violation of the spirit. Additionally; it may be a gray enough area that a passing FAA inspector may question the practice. There was no actual reduction in the weight of the aircraft; only the movement of 3 passenger carry-on bags from the cargo area into the cabin to take advantage of weight and balance rules.

Original NASA ASRS Text

Title: EMB145 FLT CREW QUESTIONS THE ZERO FUEL WT WITH REGARD TO LEGAL WT AND BAL PROCS.

Narrative: I CALLED OUR LOAD ROOM TO FIND OUT THE REASON FOR THE DELAY AND THEY SAID THAT WE WERE OVER ZERO FUEL WT AND THE RAMP HAD BEEN INSTRUCTED TO MOVE 3 CARRY-ON BAGS FROM THE CARGO BAY INTO THE FORWARD CABIN CLOSET TO BRING US UNDER ZERO FUEL WT. WHILE I KNOW THIS IS IN COMPLIANCE WITH THE LETTER OF THE LAW; IT SEEMS TO BE IN VIOLATION OF THE SPIRIT. ADDITIONALLY; IT MAY BE A GRAY ENOUGH AREA THAT A PASSING FAA INSPECTOR MAY QUESTION THE PRACTICE. THERE WAS NO ACTUAL REDUCTION IN THE WT OF THE ACFT; ONLY THE MOVEMENT OF 3 PAX CARRY-ON BAGS FROM THE CARGO AREA INTO THE CABIN TO TAKE ADVANTAGE OF WT AND BAL RULES.

Data retrieved from NASA's ASRS site as of January 2009 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.