AN S80 CAPT RPT ON THE MEL DEFICIENCY LISTING THAT ALLOWS AN MD80 TYPE ACFT TO DEPART A STATION WITH JUST THE #1 VHF TRANSCEIVER OPERABLE WITH NO WX RESTRS LISTED; DEP SJC; CA.

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SJC RAMP GATE. THIS ACFT DEPARTED WITH BOTH THE XMITTER AND RECEIVER ON THE #2 COM RADIO INOP PER R80 MEL 23-9-1. THIS MEL STATES APPROX '2 INSTALLED; 1 REQUIRED; VHF COM #1 MUST BE OPERATIONAL.' NO WX OR OTHER RESTRS ARE LISTED. I REMEMBERED FROM PREVIOUS DC9 MEL'S AT OTHER AIRLINES THAT THERE WAS A VMC RESTR. I CALLED THE DISPATCHER. HE ALSO COULD NOT REMEMBER THE EXACT RESTRS. HE DID STATE THAT THE MEL WAS APPROVED AND THAT IF A MISTAKE WAS MADE THE FAA WOULD HAVE CAUGHT IT SO IT MUST BE OK. IN ANY CASE WE BOTH AGREED THAT WITH THE CLR SKIES ON THE RTE AND THE BRIGHT MOON THE FLT COULD BE MADE SAFELY WITH 1 RADIO. THE VHF NAV #1 RECEIVER BEING OUR BACKUP COM LINK. THIS MORNING I RESEARCHED THE OLD MEL (JAN/XX/95) AND FOUND THAT PREVIOUS MEL'S HAD A VMC RESTR (DAY OR NIGHT) AND THAT THE #1 NAV VOICE CAPABILITY MUST BE OPERABLE. IN ADDITION; I FOUND THAT THE CURRENT S80 MEL 23-9-B REQUIRES DAY OR NIGHT VMC AND THE #2 COM RECEIVER OPERATIONAL. I BELIEVE A CLERICAL ERROR EXISTS IN THE CURRENT R80 MEL AND THAT SOME VMC AND BACKUP COM RESTRS WERE ORIGINALLY INTENDED. AS WRITTEN; THE CURRENT R80 MEL WOULD ALLOW A FLT TO BE DISPATCHED ON A DARK AND STORMY NIGHT TO A CAT III DEST ON 1 COM RADIO. I STRONGLY URGE AN IMMEDIATE CORRECTION TO THE R80 MEL LIMITING FLT TO DAY OR NIGHT VMC AND AT LEAST THE VHF NAV #1 VOICE CAPABILITY AS A BACKUP. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE CAPT STATED THAT THE MEL THAT WAS RECENTLY APPROVED FOR AN INTERIM PERIOD OF TIME IS DIFFERENT FROM THE ONE THAT WAS A BASIC MEL FOR BOTH THE OLD INCORPORATED AIRLINE AND THE PRIMARY AIRLINE. THE 'NEW' MEL HAS LEFT OUT THE QUOTE; 'FOR VMC FLT (DAY OR NIGHT): 1 XMITTER AND BOTH RECEIVERS MUST BE OPERATIVE.' THE MEL ON THE CAPT'S ACFT WAS THE SAME AS THE ONE REFED BY THE MAINT COORDINATOR; MISSING THE QUOTED PHRASE. HE FEELS THAT THE PHRASE WAS LEFT OFF ACCIDENTALLY AND WANTS IT REINSTATED. HE SAID; 'THE AIRLINE AND THE FAA HAS DONE NOTHING AS YET.'