Quote Originally Posted by TXFlyGuy View Post
91.213 - Inoperative Instruments and Equipment
This is the violation. Equipment was broken, not simply inoperative.
Actually, I think that 14 CFR Part 91.213(d) is the section you want. It allows for flight with inoperative (that's what "broken" means), HOWEVER, (d)(3) only allows for operation with inoperative equipment if, per (ii) it's "deactivated" and placarded as such, along with being logged.

Now, I'd argue that had the pilot locked the flaps in place, placarded the flap handle as INOP, and logged it, it would be perfectly legal to fly the plane (stupid, but legal) with inoperative flaps. But he didn't. No inactivation was performed, nor was anything placarded or logged.

So, by the book, POH or not, MEL or not, this was illegal due to non compliance with 91.213(d)(3)(ii).