2009-05 · NASA ASRS report 835720
EMB145 Captain received an ACARS message; which seems to remove MEL concerning standby attitude indicator that has been repaired. Reporter learned later that the release was never actually amended by Dispatch.
During the final cockpit check flow I noticed the standby attitude indicator was not caged and I caged it. I didn't notice any change until after pushback and engine start. On the after start flow I noticed it was again indicating erroneously and I caged it again. I then observed it slowly lose validity so I returned to the gate and notified dispatch and maintenance. Maintenance insisted I flight crew placard it as procedure even though the MEL does not allow for operation in IMC. VMC was not an option for flight so a replacement part was flown in on the next flight and contract maintenance personnel were called in. The Maintenance Contractor removed and replaced the standby indicator and balanced the logbook. Both pilots then verified the log had been balanced and approved for return to service. I sent dispatch an ACARS message asking to refile our flight plan and received their response. 'Has day VMC MEL been cleared?' I then showed the Mechanic standing by me the message and he reiterated the work had been completed and MEL cleared. I sent an ACARS message 'Yes MEL has been cleared by Contract Maintenance' and later received an ACARS message stating 'Per Captain info remove MEL 34-08 and restrictive remarks.' Because the message had the Date/Time Group included in the text I understood this to mean the information I supplied confirmed the mechanic had cleared the logbook discrepancy and coordination with Maintenance Control had been accomplished. In my opinion I was released for dispatch. This would have been closed at this point except I received a phone call from the Chief Pilot Office asking for my side of the story. Apparently; Maintenance Control had not cleared the MEL or the restriction and I had unknowingly flown the aircraft with an open maintenance write-up. New notification procedures have been put into place where the crew is kept in the know of what is happening in regards to aircraft readiness for dispatch. The messages we received prompted me to believe actions had been completed that in fact had not been. There needs to be phrases like 'MOC clears...' or 'Dispatch relays...' They need to be worded consistently so there is no question in the pilots mind what is being conveyed.
While the 'Per Captain info' phrase seemed different than usual; the Captain and I both agreed that this message specifically instructed us to remove MEL and its restrictive remarks; while providing the necessary date/time group we needed to 'pen & ink' our release. We then departed but were contacted by the chief pilot's office the following morning asking why we had departed with an open write-up. Although we were confident we flew an aircraft deemed airworthy by all the documentation we had in the cockpit; apparently maintenance had not finished clearing the MEL from their side; and we unknowingly flew the aircraft with an open maintenance write-up. There apparently was a breakdown in communication somewhere. Maintenance says their computer system showed we flew the aircraft with an open write-up. However; the flight crew was under the assurance we were flying an aircraft considered airworthy. We relied upon the closed- out and balanced documentation in the logbook; the verbal confirmation of the Contract Mechanic; and the message we had received from Dispatch instructing us to remove the MEL.
Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.
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