These two threads could easily be merged into "when is a defect not a defect"?
An aircraft cannot legally fly with an open defect in the tech log. It has either got to be cleared by a suitable engineer fixing it and signing it off or defered as per the MEL. As I have mentioned before it is impossible for MEL's to cater for every conceivable little niggle that an aircraft developes. Your instance of pressure refueling not working with the APU on. I'll bet that was not mentioned in the MEL. Probably best to write it up as totally U/S, defer it and in the defered defect sheet make a note that it does in fact work on batery power.
One thing your company must do is give Captains the legal right to transfer defects from the sector record page to the defered defect sheet. Under EASA regulations this is legal but some companies are not keen to issue this approval to Captains. Some countries (Switzerland I think) do not give this right to crew at all. It is very necessary and with CAA approval even non MEL items can be deferred if the SMS issue has been addressed. I am not advocating that every loose knob must be writen up but with crews knowing the system and having the correct authority it does help.
Best solution is probably to buy an old Hawker and if anything goes wrong wack it with a 5 lb hammer. (I carry a 10 pounder as well just in case something serious goes wrong)
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