Date: 201712
Local time of day: 0001-0600
Location: ZZZ.Airport, US
Light: Daylight
Aircraft: EMB ERJ 145 ER/LR
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Flight phase: Taxi
Aircraft component: Fuel Tank Cap
Component problem: Improperly Operated
Reporter organization: Air Carrier
Reporter function: Pilot Flying; Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Anomaly: Aircraft Equipment Problem Less Severe; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural MEL / CDL; Deviation / Discrepancy - Procedural Published Material / Policy; Ground Event / Encounter Other / Unknown
Detector: Person Flight Crew
When detected: Aircraft In Service At Gate
Result: General Flight Cancelled / Delayed
Contributing factors: Aircraft; Company Policy; Human Factors
Primary problem: Human Factors

Narrative: We were operating under an MEL that required the aircraft to be fueled over the wing. The MEL inoperative stickers were present in the cockpit and on the single point-fueling panel. The fueling crew had no issues with fueling the aircraft over the wing and we were able to depart on time. Upon arriving in ZZZ; the First Officer and the company Dispatcher notified Operations that over-the-wing fueling was required per the MEL. About 35 minutes prior to departure; the fuel truck showed up and the fueler proceeded to hookup to the single point fueling port. The First Officer asked if the fueler noticed the MEL sticker on the fueling panel; the fueler said; 'Yes'. The First Officer explained that over-the-wing fueling was required due to the single point-fueling port being MEL'd inoperative. The fueler disconnected and advised us that a supervisor was required to be present for over the wing fueling. The fuel truck then drove away. About 10 minutes prior to departure (with numerous request put into Operations as to the whereabouts of the fueling truck) the fuel truck showed up again and proceeded to hook up to the single point fueling port. We again advised the fueler that the single point fuel system was MEL'd and cannot be used. The fueler stated; 'This is how my supervisor is telling me to fuel your aircraft.' Again; the fueler was instructed to disconnect from the single point fueling port. At this point; I notified the dispatcher of what was occurring. When the supervisor finally showed up; about 10 minutes after scheduled departure time; we gave the supervisor the fuel order in gallons to be added per wing. Over-the-wing fueling process was then completed by the fueling supervisor. However; this was not without problems. When the right wing fueling was completed; I inspected the fuel cap and found that it was installed incorrectly; the fuel cap tab was facing forward against the airstream. I instructed the fueling supervisor to remove the cap and install it correctly; flush with the fuel cap tab facing backwards.Upon returning; we parked. This gate requires the use of stairs for disembarking the aircraft. While the passengers were de-boarding; I heard a chime and noticed that the fuel door open message was displayed on the EICAS...by the time I could get around to the fueling panel; the fueling supervisor (different supervisor from earlier) was there with the fueling crew. They were hooked up to the single point fueling port and actively fueling the aircraft. I asked if they noticed the MEL sticker on the fueling panel; the supervisor said; 'Yes.' I asked the supervisor to stop due to the MEL...the supervisor said; 'No; I am fueling it this way...it takes too much time and effort to fuel the aircraft over the wing.' I explained that the single point system was MEL'd inoperative and this aircraft has a history of this system not working. Continuing to fuel; the supervisor stated; 'Your maintenance is wrong; it is working; and I am doing it this way'. I again explained that the use of this system is not allowed due to the MEL; the supervisor said nothing and continued fueling. Since I was done with my trip; I advised the oncoming flight crew of the MEL and what was occurring with the fueling operations. To me; this is a case of flagrant disregard and lack of respect for safety and compliance with our company MEL's; policies; and FAA regulations. This isn't a case of the fuelers not noticing the MEL sticker on the fueling panel...they simply made the proactive and purposeful decision not to comply with the posted MEL sticker. Furthermore; two different fueling supervisors directed their crews to not comply with the MEL and utilize the single point fueling system after repeated notifications from the Flight Crew and our company Dispatcher. There appears to be an issue with attitude and respect for safety within the fueling operations.




Synopsis: EMB-145 Captain reported that refueling personnel failed to adhere to the procedures required by an MEL which affected the single point refueling port.