Man I think I'm fully busted. It probably is on it. I confess that it's not a situation that's occurred (to me anyway). You'll forgive me if, even after having been busted for writing hypothetically in a way that I thought was obviously hypothetical, I still maintain that there's a problem with making pilots in to regulation-spewing machines. If we expect to be respected as something more than meat-computers, we'd better start acting like it. Every small erosion of the responsability and thereby the power of the PIC just gets us closer to being another cost item on a balance sheet that can be eliminated.
You want to be paid "fairly" (like you're worth something)? Then be worth something. Use the parallel processing part of your brain that is capable of determining complex questions like right, wrong, and whether some technical illegality is reason enough to keep you on the ground.
Pillory me all you like as a "cowboy", but I promise you, if you give me enough time, a full set of CFRs, and an airplane you'll happily accept, I will take your ticket away from you, too.
You're paid to use your judgment. So use it.
C'mon...you usually make great points. I just disagree vehemently with your opinion on this.
It's not an "FAR Challenge" or anything. I think there are parts of the FARs that are stupid as can be, but to dismiss following FARs, MELs and the crazy amount of rules issued by the FEDS and Company to the best of your ability as an erosion of responsibilty is silly.
From the tack you take, it's almost like taking off with an inop VSI light is an act of rebellion to show the man you have discretion. Guess what? The man doesn't care unless he's ramping you.
The ultimate discerner of PIC discretion is looking at something, like say, your VSI light, reading the MEL, and deciding if it's safe. If the MEL says "adequate lighting", then it's your discretion. Just like if you're out of the blocks and considered "inflight" and it's the PIC's discretion to continue. Now you might be happy with the background panel lighting or whatever you have available, or maybe another postlight does enough work for you. Maybe the next pilot won't take the machine because that PIC uses THEIR discretion to determine they are not comfortable with the lighting.
Who's right? You both are. It's not a contest of who can do the job with the least equipment. It's a job. Your job is to move the plane within the regulations. Your discretion keeps you from dying at work. That's PIC discretion.
There's multiple MELs that are legal individually, but you, as PIC, look at them and recognize it's not a safe situation. That's where your judgement and experience come into play.
Not taking the flight is a much harder call than actually taking the flight. Writing up the broken machine in an outstation right before you get to go home after a long day and getting stranded is much harder to do than say "it'll be OK...."
Using that processing part of the brain keeps you alive, safe and the thing moving. You have to use your brain to do so inside the rules set.
