Carj flight crew refuses aircraft for flight into known icing conditions with inoperative captain's ...

Attributes
ACN	763940
Time
Date	200711
Local Time Of Day	1201 To 1800
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	Regional Jet 200 ER&LR
Operating Under FAR Part	Part 121
Flight Phase	ground : preflight ground : parked ground : maintenance
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 6000 flight time type : 700
ASRS Report	763940
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Experience	flight time last 90 days : 70 flight time total : 1300 flight time type : 300
ASRS Report	763941
Events
Anomaly	aircraft equipment problem : critical maintenance problem : non compliance with mel non adherence : far
Independent Detector	other flight crewa other flight crewb
Resolutory Action	other
Consequence	other other
Factors
Maintenance	performance deficiency : non compliance with legal requirements
Supplementary
Problem Areas	Aircraft Flight Crew Human Performance Maintenance Human Performance
Primary Problem	Aircraft

Narrative:

Maintenance control had signed the aircraft off for a one time ferry flight. The MEL item in question was captain's pitot heat inoperative. I reviewed the MEL which stated; no flight through known or forecast icing conditions. Also; flight must be conducted in day VMC only. I determined that due to the fact that it was evening civil twilight; that day VMC day operations could not take place. Also; due to the fact that cvg WX was 2000 ft overcast; light rain and br and deteriorating; that this flight would be in icing conditions. I conversed with maintenance control about my concern for safety. They told me because this is a ferry flight; the MEL could be disregarded. I was uneasy about this so I called union safety; which contacted the crj program manager; who also agreed with my concerns. The final outcome of this was that I refused the flight for concerns of safety of flight with an aircraft through icing conditions and at night; when the guidance of the MEL tells me it is not safe.

Original NASA ASRS Text

Title: CARJ FLT CREW REFUSES ACFT FOR FLT INTO KNOWN ICING CONDITIONS WITH INOPERATIVE CAPT'S PITOT HEAT.

Narrative: MAINT CTL HAD SIGNED THE ACFT OFF FOR A ONE TIME FERRY FLT. THE MEL ITEM IN QUESTION WAS CAPT'S PITOT HEAT INOP. I REVIEWED THE MEL WHICH STATED; NO FLT THROUGH KNOWN OR FORECAST ICING CONDITIONS. ALSO; FLT MUST BE CONDUCTED IN DAY VMC ONLY. I DETERMINED THAT DUE TO THE FACT THAT IT WAS EVENING CIVIL TWILIGHT; THAT DAY VMC DAY OPS COULD NOT TAKE PLACE. ALSO; DUE TO THE FACT THAT CVG WX WAS 2000 FT OVCST; LIGHT RAIN AND BR AND DETERIORATING; THAT THIS FLT WOULD BE IN ICING CONDITIONS. I CONVERSED WITH MAINT CTL ABOUT MY CONCERN FOR SAFETY. THEY TOLD ME BECAUSE THIS IS A FERRY FLT; THE MEL COULD BE DISREGARDED. I WAS UNEASY ABOUT THIS SO I CALLED UNION SAFETY; WHICH CONTACTED THE CRJ PROGRAM MGR; WHO ALSO AGREED WITH MY CONCERNS. THE FINAL OUTCOME OF THIS WAS THAT I REFUSED THE FLT FOR CONCERNS OF SAFETY OF FLT WITH AN ACFT THROUGH ICING CONDITIONS AND AT NIGHT; WHEN THE GUIDANCE OF THE MEL TELLS ME IT IS NOT SAFE.

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.

Carj flight crew refuses aircraft for flight into known icing conditions with inoperative captain's pitot heat.