Does this mean in all cases of TCAS deferral the flight should be refused, how about a generator on a 3 generator airplanes, should that also be refused every time? If we never flew there would never be an accident
Yip-
It means this: Let's say your wife was on an airplane flying out of ABQ to Disney World to take the grandkids for a vacation. TCAS wasn't working, but the Captain decided to take the aircraft anyway. On approach into MCO the aircraft your wife and grandkids was flying in collided with a Cessna, with pictures like this showing up on the news from people on the ground who happened to catch some shots of that aircraft's final moments. During the course of the investigation you found out that had your wife and grandkid's aircraft had an operable TCAS, it is likely the collision with the Cessna never would have happened.
So Yip, would you sue? Would you be "OK" with the Captain's decision to take the aircraft with a broken TCAS? Wanna bet that you would sue the pants off that airline? Wanna bet that you would be extremely upset that the death of your loved ones could have been avoided if they had simply made the repair instead of flying? Wanna bet that if you were called as a witness you'd be criticizing the Captain's decision to take the plane with TCAS inop? Wanna bet that you wouldn't shrug your shoulders and say, "Oh well, it was a legal deferral" and not take part in any legal action?
So if you're asking me, Yip, it means that if I'm sitting at a station like the Gulfstream Captain was where the repair could have been made and the TCAS was broken, it means fix it and then I'll take the aircraft. No brainer to me and most of the guys I fly with at my airline from what I have seen. Things like TCAS and EGPWS shouldn't even be deferrable IMO, but unfortunately we have a weak regulatory partner in the FAA, so that's where the Captain needs to step in and fill that gaping void left by that organization.
And if you think I'm going to waste my time arguing about "every time" pretend scenarios, forget it. Find some new guys to play with over on the Training and Instruction forum if you want to talk about "what if's." I'm sure they'd get a lot of the discussion.
If you decide to answer this post YIP, in the first sentence please state whether you would sue or not. Yes or No please.