MEL definition

[jaja]

Originally Posted by FlightDetent

Well, 60 years of aviation history and expertise work on Airworthiness came to a different conclusion. Perhaps you and the law need to agree on disagreeing. The alternative solution is a lack of insight on one side of the argument.

Dear FlightDetent, I disagree with you

Up to approx. 15-20 years ago, the MEL was applicable up to setting T/O thrust. Then JAA changed the regulation to what we have today (see EASA extract below)

The aircraft does not become any more airworthy, just because you have started to taxi.

So if a defect is a NO GO item according to the MEL, is does not have any positive effect on the airworthiness off the aircraft that you have started to taxi. I think we can agree on that?

Then EASA says the following : “any decision to continue the flight should be subject to pilot judgement and good airmanship”

OK now, so the aircraft manufacturer has evaluated system integrity and have come up with a list in the MMEL of NO GO items. This is because the aircraft manufacturer thinks is a not a good idea getting airborne with these defects. So how do you think a captain can use his/her “pilot judgement and good airmanship” and evaluate that is OK to fly with this defect, just because we have started to taxi ? You can not !

Please note the following very important words from EASA : “The operator should include guidance in the MEL on how to deal with any failures that occur between the commencement of the flight and the start of the take-off”. This actually means the operator has to produce what you can call an “On ground abnormal procedure”. But off course nobody has the resources to do that, so instead you should do what we did before : MEL is applicable up until setting T/O thrust

AMC1 ORO.MLR.105(d)(3) Minimum equipment listEXTENT OF THE MELThe operator should include guidance in the MEL on how to deal with any failures that occur between the commencement of the flight and the start of the take-off . If a failure occurs between the commencement of the flight and the start of the take-off , any decision to continue the flight should be subject to pilot judgement and good airmanship. The pilot-in-command/commander may refer to the MEL before any decision to continue the flight is taken.