AN ACR MLG WAS DISPATCHED WITH AN INOP RUDDER LOAD LIMITER PITOT HEAT ELEMENT.
Synopsis
AN ACR MLG WAS DISPATCHED WITH AN INOP RUDDER LOAD LIMITER PITOT HEAT ELEMENT.
Narrative
WE DISPATCHED IAH WITH AN INOP RUDDER LOAD LIMITER PITOT HEAT ELEMENT. UPON ARR IN STL; DISPATCH INFORMED US OF ICING CONDITIONS AT IAH AND DELAYED OUR RETURN TRIP. THE CAPT AND DISPATCH WHEN AGREED ON A RTE OF FLT THAT WOULD KEEP US CLR OF ICING CONDITIONS. I OBJECTED BECAUSE I FEARED ATC; WX; OR TFC PROBS ALONG OUR RTE COULD GET US INTO ICING; WHICH WAS ILLEGAL PER OUR MEL. 1 DEV PER ATC AND WE COULD EASILY HAVE PROBS. I REQUESTED A SPECIFIC LETTER STATING THIS ACTION WAS LEGAL FROM OUR CHIEF PLT AND DISPATCH. THE CAPT GOT A LETTER FROM DISPATCH. WE DEPARTED APPROX 2 HRS LATE OVER MY OBJECTIONS BASED ON LEGALITY; NOT SAFETY. I FELT I WAS AS CLR AND FORCEFUL AS I COULD BE IN THE SIT. SUPPLEMENTAL INFO FROM ACN 262869: DISPATCH RELEASED ACFT WITH RUDDER LOAD LIMITER PITOT TUBE HEAT ELEMENT INOP. THIS WAS LEGAL PER MEL BECAUSE NO ICING CONDITIONS WERE EXPECTED. AFTER CHKING WITH OUR CONTRACT WX; WE DISCOVERED THAT CLOUD COVER OVER DFW NORTHWARD TO LTT WAS SUCH THAT WE COULD DSND EARLIER THAN USUAL FOR HOUSTON; GET UNDER THE FREEZING LEVEL TO IAH; AND CONTINUE WITHOUT DSNDING INTO CLOUD COVER AT HOUSTON ABOVE THE FREEZING LEVEL. I RESPECT THE COCKPIT RESOURCE MGMNT PHILOSOPHY; I ASKED THE FO HOW HE FELT ABOUT THE PLAN. HE OBJECTED; NOT FROM A SAFETY STAND- POINT; BUT BECAUSE HE BELIEVED IT MIGHT NOT BE LEGAL PER THE ACFT MEL (WHICH WE THOUGHT STATED 'CANNOT DISPATCH INTO KNOWN/FORECAST ICING.' INSTEAD WE LATER DISCOVERED IT READ 'CANNOT FLY INTO') I WON'T USE A PLAN LIKE THIS IN THE FUTURE. THERE ARE TOO MANY VARIABLES THAT CAN AFFECT THE OUTCOME OF THE PLAN. IF DISPATCH GETS THEMSELVES INTO THIS KIND OF SIT; THEY NEED TO GET THEMSELVES OUT.
Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.