B767 Undifferentiated or Other Model
Flight Crew Air Transport Pilot (ATP)
Flight Crew Last 90 Days 150
Aircraft Equipment Problem Less Severe; Deviation / Discrepancy - Procedural MEL / CDL; Deviation / Discrepancy - Procedural Published Material / Policy
General Release Refused / Aircraft Not Accepted
Aircraft; Company Policy; Human Factors
Upon arriving at Flight planning; there was no release for our flight and my IRO told me that he had spoken to Dispatch and we were to expect deferral 2230c - thrust management system. After conferring with both First Officers and realizing that the a/c arrived 4 hours late the night before from heavy maintenance; I called Dispatch. Dispatch and Maintenance Control told me that the autothrottles failed the maintenance test and they would be applying deferral 2230c. I asked what data ADS sends to ATC with the TMC disabled and neither Dispatch nor Maintenance could answer. I then asked what the write-up actually said and was told simply 'autothrottle not working'; not much help. Dispatch told me to expect continuous light turbulence for almost my entire flight with occasional moderate. I have flown a/c domestically without autothrottles and recall that there were fairly wide Mach fluctuations; especially in turbulence and near frontal boundaries which would make it impossible to comply with the North Atlantic Operations and Airspace Manual. No mention was made of any ETOPS verification and I never saw a release for this flight. I then refused this aircraft and was given a new a/c to complete the flight.When I woke up in [Europe]; I downloaded the release for the flight back and noticed that it was planned for the aircraft with deferral 2230c; thrust management system as well as 6929 APU modified inflight start due to a failed ETOPS verification. I had the same concerns about complying with the MNPS Mach number technique; albeit with less forecast turbulence. I also had a [Canada] forecast (my ETOPS alternate) of 2 miles visibility in SN; wind 330/15g25; TEMPO 18g30; which would require either a back course localizer or NDB approach to mins with no autothrottles. I again asked dispatch (without Maintenance Control this time) what data ADS sends without the TMC and either he didn't hear me or didn't know what ADS was until I said that it was 'part' of CPDLC; but he could not answer the question. At this point I refused the a/c for the above reasons and because [they] could swap airplanes quickly if they could stop catering and fueling in a timely manner.I continued to examine my release and the MEL and was disturbed to find the following:-MEL 2230c specifically directs that the dispatcher must revise the ICAO aircraft equipment filing codes and/or line 18 remarks. The equipment filing code for this aircraft was exactly the same as the equipment filing code for the aircraft with working autothrottles. This can only mean that the MEL has not been kept current or that dispatch did not comply with the MEL. The remark RVR/75 was also included in the remarks for the refused aircraft which is almost certainly incorrect. I have heard the Vice President of Flight Operations say 'fly the MEL'. How can we fly the MEL when it is not being complied with by other departments or it is itself obsolete? Anticipating a couple of questions by folks who may not fly the North Atlantic very often:'Why couldn't you just ensure that your (my) position estimates stay the same?' One could do this and you might even 'get away with it'. This violates the fundamental precept of the Mach number technique which is that as the environment affects aircraft 'A'; they similarly effect subsequent aircraft flying in the same air mass. Therefore; I would have to know the position estimates of the aircraft in front of me and; if its estimate changed; ensure that my estimate changed by the exact same amount. (Good teaching moment for my painfully young First Officers; though.)A final point which might sound trivial or flippant but may be the most important: I mentioned to several pilots that Maintenance Control told me that 'they were going to fix the TMC upon arrival.' Everyone laughed. The fact that Maintenance Control has zero credibility with regard to scheduling aircraft repairs should be a serious concern.
B767 Captain reported being assigned an aircraft with an inoperative auto thrust system for a North Atlantic flight and the aircraft was refused. The same aircraft showed up for the return flight the next day and was refused again.