Good point, jacjetlag. Let's nail this:
Originally Posted by 14 CFR 121, para 629: Operation in Icing Conditions
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(b) No person may take off an aircraft when frost, ice, or snow is adhering to the wings, control surfaces, propellers, engine inlets, or other critical surfaces of the aircraft or when the takeoff would not be in compliance with paragraph (c) of this section.
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(2) Initial and annual recurrent ground training and testing for flight crewmembers and qualification for all other affected personnel (e.g., aircraft dispatchers, ground crews, contract personnel) concerning the specific requirements of the approved program and each person's responsibilities and duties under the approved program, specifically covering the following areas:
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(ii) Aircraft deicing/anti-icing procedures, including inspection and check procedures and responsibilities.
(iii) Communications procedures.
(iv) Aircraft surface contamination (i.e., adherence of frost, ice, or snow) and critical area identification, and how contamination adversely affects aircraft performance and flight characteristics.
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So (while I formally acknowledge those here that still wish to believe that his incident is a fairy story), this crew broke FAR 121.629.
I take it I don't need to cite the FAR that says that the only reason one may have to deviate from an FAR is a concern for the safety of the flight. I presume no one would want to argue that the crew had safety-of-flight reasons for not deicing.
So, despegue and those like-minded, you have won yourselves the unenviable task of trying to explain how someone can reasonably break an FAR under these circumstances.
PBL