Geoff,
That story was told to me by the pilot (imc flight going wrong...)
Nowhere in the RFM says the TQ limiter has to be off.
And about the 109 accidents , there is a BIG difference , in the 109 you have to switch it off after an engine failure(or trying to take off with one engine at idle, like in one of the 109 incidents), but in the 139 TL goes off automatically.
Anyway this discussion is like the one about the speed to arm floats, Agusta doesn't want to write anything specific in the manuals.
I don't really need to fly with TL on, but I have seen over torques at take off just because someone was not paying too much attention.
If TL is not safe to use why we don't get it in writing...?
Regards
Aser