Date: 201501
Location: ZZZZ.Airport, FO
Aircraft: Medium Transport; Low Wing; 2 Turbojet Eng
Operator: Fractional
Operating under: Part 91
Mission: Ferry / Re-Positioning
Flight phase: Parked
Aircraft component: Gear Extend/Retract Mechanism
Reporter organization: Fractional
Reporter function: Captain; Pilot Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Communication Breakdown; Situational Awareness
Anomaly: Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: Aircraft In Service At Gate
Result: General Release Refused / Aircraft Not Accepted
Contributing factors: Company Policy; Aircraft; MEL; Procedure; Manuals
Primary problem: Company Policy

Narrative: The purpose of this report is to alert Company Pilots of the blatant disregard of [the manual] by our fractional Managers. In addition; as a crew; we were asked continually to move the plane illegally as were about 6-10 other crew members.On the day in question myself and another pilot were airlined downed to [the airport] to bring an aircraft back [to the U.S. mainland] with the gear down. The airplane had been written up by another crew for failure of the gear to retract during takeoff. Mechanics were sent down there to do ONLY a pre-ferry inspection. No repairs for the problem. They attempted to get Management to send jacks down or acquire jacks on location; but they were told to just do the basic inspection and not to swing the gear or other normal inspections for this anomaly.[The manual] from the beginning of the maintenance issue on this plane was violated and disregarded. [The manual] is only in effect when the airplane must be moved with the gear down for maintenance purposes only. In addition; our Company does include a self issued ferry permit. Unlike a situation where an MEL has expired and the Ferry Permit can override some things and allow you to fly it to a maintenance base; [the manual] is not the same. It has very specific guidelines that are not waiveable and must be followed. The Following items were violated in [the manual]:1. At company direction; the 2 mechanics that were sent down there; were added to the Ferry permit. Ferry Permits and [the manual] BOTH clearly state that NO passengers are allowed. Only Essential Crew are allowed on board. 2. A wet footprint was on this flight although our company never operates a flight where a wet footprint occurs. In [the manual]; it clearly states that glide distance with gear down is 15nm/10000ft of altitude. Due to freezing levels forecasted to be at and above 16k; the best glide distance we could have had was 20nm. There were multiple areas on that flight where we were beyond 20nm from land. 3. [The manual] states that a takeoff from an aerodrome where the likelihood of ditching may occur; takeoff is prohibited. Obviously; [this airport] is an island in the middle of the ocean. The initial conversation on the phone with our Chief Pilot that I had was not good. When I questioned how we were supposed to comply with [the manual]; he said they had determined that if we had an issue; we could bring up the gear. I stated that that would be impossible because there was not any maintenance done on the plane and the original write-up was that the gear would not retract. He stated he would have to get back to me. He then called me back about 30 minutes later stating [he had been advised] that we could takeoff because we were on a Special Ferry Permit. I asked to speak to the Duty Officer directly. He said he would have him call. About another 30 minutes went by and instead of a phone call I received an email from the Duty Officer. The email basically said that this email was my express approval to operate under Special Ferry Permit overwater with the gear down. I emailed him back and said that I would like to talk to him. I called him when he sent me his number. I tried explaining why this flight could not and should not happen. I was told that I should get in the plane and do the job I was being paid to do. I then respectfully declined to do the trip. At that point after my conversation was done; my copilot was called to see if they made him the PIC would he fly the plane back He respectfully declined. In addition; another crew was asked to fly the aircraft as well. They declined also. All told; there were about 6-10 pilots/crews called to take the trip. One crew finally accepted and flew it back to [the mainland] a few days later. In conclusion; these extended over water operations need to cease unless [the manual] in its entirety can be complied with. These long over water flights are dangerous and more complex than what they appear. Ourdispatch can't even plan a trip with any certainty of fuel burn etc. [the manual] states at best; fuel burn will be 75% more burn beyond what a flight would burn at .75 mach. Should a crew be assigned this type of flight and not fully realize what they are getting into it could be disastrous for the Company and that crew. As stated in the report; [the manual] must be complied with for future Gear down ferries where flying over water is concerned. Putting an aircraft on a Ferry Permit and or Special Ferry Permit does not override this section.




Synopsis: Several flight crews refused to conduct a gear down; overwater ferry as doing so would violate provisions for conduct of such flight. The operation was ultimately shopped to a crew who agreed to do so despite the refusal of others.