AN AIR CARRIER EMB-145 FIRST OFFICER EXPRESSED CONCERN ABOUT OPERATING THEIR AIRCRAFT AFTER THEY HAD TWO CONSECUTIVE FLIGHTS WITH FLAP FAILURES.

Narrative

EARLIER IN THE DAY THE AIRPLANE HAD CONDUCTED A NO-FLAP LNDG IN ZZZ1 FOLLOWING A 'FLAP FAIL' EICAS MESSAGE. THE AIRPLANE HAD SUBSEQUENTLY BEEN SIGNED OFF AS AIRWORTHY BY MAINT PERSONNEL AFTER REMOVING AND REPLACING MISCELLANEOUS PARTS AND TESTING OP OF THE FLAPS SUCCESSFULLY. TKOF AND CLBOUT FROM ZZZ1 WERE NORMAL WITH NORMAL EXTENSION AND RETRACTION OF FLAPS. HOWEVER; AT APPROX 3000 FT AND 230 KIAS WHILE ON A VISUAL APCH TO RWY 31 IN ZZZ; I CALLED FOR FLAPS 9 DEGS AND THE EICAS MESSAGE 'FLAP FAIL' WAS ONCE AGAIN GENERATED. THE FLAPS WOULD NOT EXTEND PAST THE 0 DEG POS. THE APCH WAS DISCONTINUED AND WE WERE GIVEN EXTENDED VECTORS BACK TO THE ARPT WHILE WE RAN THE FLAP FAIL PROC IN THE QRH. AS A PRECAUTION; WE INFORMED ATC THAT WE WOULD BE NEEDING CFR CREWS STANDING BY FOR THE ABNORMAL LNDG IN ZZZ. UPON REQUEST OF THE CAPT; I RELINQUISHED CTL OF THE AIRPLANE FOR THE LNDG AND WE TAXIED THE PLANE TO THE FBO NORMALLY THEREAFTER. WHILE DEPLANING PAX; THE CAPT CONTACTED MAINT AND WAS ABLE TO CLR THE 'FLAP FAIL' MESSAGE FROM THE EICAS AND RESTORE NORMAL OP TO THE FLAPS. WE WERE TOLD THAT NO WRITE-UP WAS REQUIRED AS THERE WAS NO MESSAGE TO WRITE UP AND BEGAN TO BOARD PAX FOR THE RETURN FLT TO ZZZ1. IT WAS AT THIS POINT THAT I BEGAN TO VOICE MY CONCERN ABOUT CONDUCTING THE FLT IN AN AIRPLANE THAT; AS FAR AS I WAS CONCERNED; HAD NOT BEEN FIXED. MY REASONING IN THIS WAS THAT AFTER THE FIRST NO-FLAP LNDG OF THE DAY; THE 'FLAP FAIL' MESSAGE HAD ALSO BEEN CLRED; AND NORMAL OP OF THE FLAPS WAS ALSO ESTABLISHED ON THE GND. THIS HAD CLRLY NOT SOLVED THE PROB AS EVIDENCED BY OUR NO-FLAP LNDG IN ZZZ; WHICH WAS THE SECOND OF THE DAY FOR THE AIRPLANE. IT WAS MY OPINION THAT THE PROB COULD LIE IN SOME SORT OF AIR/GND SENSING EQUIP AS THE PREVIOUS 2 OCCURRENCES HAD HAPPENED AFTER NORMAL OP OF THE FLAPS ON TKOF AND CLBOUT. I STATED FRANKLY THAT I WAS NOT COMFORTABLE FLYING THE AIRPLANE BACK TO ZZZ1 WITH PAX ON BOARD AND QUICKLY REALIZED THAT I WAS THE ONLY ONE WITH THAT OPINION. WHILE THE CAPT WAS AGAIN ON THE PHONE WITH MAINT; HE ASKED WHAT WOULD MAKE ME COMFORTABLE AND I STATED THAT IF WE WERE ABLE TO DO A TEST FLT AND SUCCESSFULLY OPERATE THE FLAPS IN THE AIR RATHER THAN SOLELY ON THE GND; I WOULD BE COMFORTABLE CARRYING PAX. I WAS INFORMED THAT THIS WAS NOT AN OPTION. AFTER 1 HR OF DIALOGUE; INCLUDING CALLING CONTRACT MAINT OUT TO THE AIRPLANE TO VERIFY PROPER OP OF THE FLAPS AND SIGN THE AIRPLANE OFF; TALKING TO OUR MAINT ON THE PHONE; DISCUSSING THE SITUATION WITH THE CAPT; AND TALKING DIRECTLY TO THE CHIEF PLT; I AGREED TO OPERATE THE FLT AND WE RETURNED TO ZZZ1 WITHOUT INCIDENT. AT THE MOMENT I AM OF THE OPINION THAT I ESSENTIALLY OPERATED A MAINT TEST FLT WITH PAX ON BOARD LAST NIGHT. HALF WAY THROUGH THE 1-HR LONG DISCUSSION ON THE GND IN ZZZ; I REALIZED THAT I WAS FIGHTING AN IDEOLOGICAL BATTLE; MY POS WAS THAT I DID NOT FEEL COMFORTABLE CARRYING PAX ON A PLANE THAT WAS -- FOR ALL INTENTS AND PURPOSES -- BROKEN. AFTER VOICING THESE CONCERNS; I WAS MET SEVERAL TIMES WITH THE REBUTTAL THAT ON EVERY FLT THAT TAKES OFF; THERE IS A CHANCE OF A MAINT IRREGULARITY; AND THAT THIS FLT WAS NO DIFFERENT. I DISAGREE WHOLEHEARTEDLY; AS EVERY AIRPLANE THAT TAKES OFF HAS NOT HAD A CREW PERFORM AN ABNORMAL PROC TWICE IN THE SAME DAY FOR THE SAME PROB WITHOUT THE PROB BEING FIXED. I WILL ADMIT THAT THE SAFETY RISK -- HAD THE PROB REMAINED ISOLATED TO THE FLAPS WITH ALL OTHER SYSTEMS FUNCTIONING NORMALLY -- WAS NOMINAL. THE WX IN ZZZ1 WAS VFR. THE UN-FACTORED LNDG DISTANCE FOR OUR WT PLUS THE ADDITION OF THE NO-FLAP PENALTY WAS NOT EVEN HALF OF WHAT IS AVAILABLE IN ZZZ1. IT WAS NOT AN ABSOLUTE CERTAINTY THAT WE WOULD RECEIVE A THIRD 'FLAP FAIL' MESSAGE; BUT THE ODDS SEEMED TO BE IN OUR FAVOR AFTER TAKING ALL THE INFO INTO ACCOUNT. I WOULD HAVE BEEN PERFECTLY COMFORTABLE OPERATING THE FLT AS A MAINT REPOSITION BUT WAS NOT AFFORDED THAT OPTION. I AM AWARE THAT ON PAPER THE FLT WAS CONDUCTED 100% LEGALLY; AND THERE WERE NO FURTHER INCIDENTS WITH THE AIRPLANE. IAM STATING HERE THAT WHEN GIVEN ALL THE FACTS AND OPINIONS OF THOSE INVOLVED; I STILL DID NOT PERSONALLY FEEL COMFORTABLE CARRYING PAX; AND I DO NOT FEEL THAT I WAS ENCOURAGED BY ANYONE BUT MYSELF TO 'ERR ON THE SIDE OF CAUTION;' AND I WAS MADE TO FEEL THAT MY RESERVATIONS ABOUT OPERATING THE FLT WERE NOT ONLY UNFOUNDED BUT LUDICROUS. I CONTINUE TO FEEL THAT THIS SENTIMENT IS INCORRECT. PURE SPECULATION ON MY PART IS THAT BECAUSE THIS WAS A CHARTER; THERE WAS MORE PRESSURE THAN NORMAL TO GET THE AIRPLANE BACK TO ZZZ1.