Continuing a flight with a discrepancy

[IFLYHI]

OK, so here is the scenario - A/C has departed on a 5 hour flight, and one hour into the flight, a discrepancy is noticed. What would you do if:

1. The discrepancy is a grounding item, but not a major safety of flight issue. Could you legally continue to the destination? Would you continue?

2. The discrepancy is deferrable via the part 91 MEL, but requires that the aircraft be operated at a lower altitude. Are you legally obligated to comply with the MEL limitations on the remainder of the flight? Would you comply with them even if you don’t consider it a major safety of flight issue?

Does anyone know of any FAA legal opinions regarding this issue?

Thanks

 

[ALIMBO]

Fly the plane at the required lower altitude per the MEL. I believe the aircraft is not airworthy at that required altitude per the discrepancy but... since the MEL states you can still fly it but at a lower altitude, and no safety issues would ensue from continuing the flight then go ahead but at the required altitude. Keep in mind that there might not be facilities at your destination to fix the discrepancy so if you need to divert due to maintenance do it, albeit find one close to your destination so that the passengers can still make it to there destination.

 

[ProFracPilot]

Duplicate post.

 

[ProFracPilot]

You've not provided enough information to properly answer your questions.

Is the discrepancy addressed in the Emer / Abnormal checklist? Does the checklist instruct you to descend to a lower altitude? Does it say to land at the nearest suitable airport?

If the MEL (O) procedure indicates that safety can only be assured at a lower altitude, do YOU want to answer the questions if something else happens and it was determined that you didn't take the proper action? 91.3 is the catch-all for the possible violation if you didn't do everything you could to assure the safety of flight.

Is it legal to continue oprerations? Is it safe to continue operations? And is it smart to continue operations? Sometimes the last question is the hardest to answer.

 

[mike1mc]

From a legal standpoint - Land. From a practical standpoint - continue if safety of flight is not an issue. Also, is it a hard failure or intermittent problem?

The MEL technically gets thrown out the window after you block out for departure. After that, its up to whats in the AFM and checklist (which is where all the grounding items come from anyway). I'm sure many will disagree, but this is stated in either the MEL Preamble or FAA Inspector Handbook. Its a good idea to reference the MEL to see what is deferrable, review (M) and (O) procedures, etc. but you don't MEL an item while airborne. It would be a good idea to designate an alternate with mx facilities.

I would review your company's procedures and/or Ops Manual to determine further action.

 

[snow-back]

This a simplified response as there are numerous scenarios to be considered. My response is based on having no other abnormal or extenuating circumstances.

1. The discrepancy is a grounding item, but not a major safety of flight issue. Could you legally continue to the destination? Would you continue?

Yes and maybe.

You operate as directed by the QRH. If it directs you to land as soon as practical, then do so. Otherwise, continue to your destination and address the mx issue there. The MEL is designed to legally "dispatch" with inop equipment. If something that isn't covered in the MEL goes T/U enroute, you're not obligated to land immediately.

2. The discrepancy is deferrable via the part 91 MEL, but requires that the aircraft be operated at a lower altitude. Are you legally obligated to comply with the MEL limitations on the remainder of the flight? Would you comply with them even if you don’t consider it a major safety of flight issue?

No and maybe.

No one has signed anything in the maintenance log referencing the MEL until the aircraft gets on the ground. Again, you should obtain guidance from the QRH, but consider what the MEL has to say.

 

[IFLYHI]

You've not provided enough information to properly answer your questions.

Is the discrepancy addressed in the Emer / Abnormal checklist? Does the checklist instruct you to descend to a lower altitude? Does it say to land at the nearest suitable airport?

Lets assume that it is not addressed in either the Emergency or Abnormal checklist.

 

[UALX727]

I believe what snow-back said is right on the money.

 

[moonlight]

I don't know about anyone else, but virtually every one of my "discrepancies" occurred either during the inbound flight to my home base, or on the flight to the service center. I swear!

 

[NCherches]

Wierd... things never break on my airplane until I land at my home base.