System failure during MEL applicability

[sonicbum]

Dear all,

probably a redundant question but I still couldn't figure out a definitive answer based upon some facts. Let's imagine the following scenario : during pushback the airplane has a system failure. As per the regulator/company procedures the MEL is still applicable. The crew checks the MEL and finds out that the system is not required to be operative or enough redundancy exists in order to dispatch the flight. An operational procedure may be required but there is no maintenance procedure associated.

Questions :

1) Is the crew legally required to make an entry in the ATL at that stage and therefore have maintenance to raise a DDL (or possibly fix the problem) thus requiring a return to stand ?

2) Provided no maintenance procedure has to be performed, can the crew continue the flight provided that an entry will be made at destination and eventually a DDL raised or the system fixed ?

Thank you all for your inputs.

[ACMS]

A few things from the front section of our MEL---

--The Commander shall satisfy himself before the aircraft takes off that the flight may commence in compliance with the conditions of the MEL.

--MEL conditions and limitations do not relieve the Commander from determining that the aircraft is in a fit condition for safe operation with specific unserviceablities. If a failure occurs after the start of taxi and before the start of the take off roll, any decision to continue the flight shall be subject to the Commanders judgment and good airmanship.

--It is within the authority of the Commander to accept a defect without consulting a ground engineer after the doors are closed provided the defect does not require a maintenance (M) specific procedure and it is covered in the MEL.


So, yes you can continue under certain failures and yes you would write it up for the next station to action.

If for example you managed to reset the system and the failure cleared you would still write up the failure in the book detailing what happened. This is for trend monitoring etc

[dash6]

So,Captain,It's a grey area. You decide.

[Mecaniquito84]

Depends on each company.
It's not uncommon that both MEL & FCOM would required a QRP is Take Off is not iniatiated yet when failure occurs, with or w/o mx procedure.

[Skyjob]

Our MEL reads:
The provisions of the MEL are applicable until the aircraft commences the flight.
Any decision to continue a flight following a failure or unserviceability which becomes apparent after the commencement of a flight must be the subject of pilot judgement and good airmanship. The Commander may continue to make reference to and use of the MEL as appropriate.
The decision of the Commander of the flight to have allowable inoperative items corrected prior to flight will take precedence over the provisions contained in the MEL. The Commander may request requirements above the minimum listed, whenever in his judgement such added equipment is essential to the safety of a particular flight under the special conditions prevailing at the time.
The MEL cannot take into account all multiple unserviceabilities. Therefore, before dispatching an aircraft with multiple MEL items inoperative, it must be assured that any interface or inter-relationship between inoperative items will not result in degradation in the level of safety and/or an undue increase in crew workload. It is particularly in this area of multiple discrepancies and especially discrepancies in related systems, that good judgement, based on the circumstances of the case, including climatic and en-route conditions must be used.