Legal To Fly With Flaps Inop?

You need to fly. The flaps on your plane are inoperative. Are you legal to go? Read below and tell us what you would do!

(Check out our live flap discussion from last night on SimpleFlight.net - 1h 30min mark)

Aircraft:

Tecnam P2006T Twin

Scenario:

You're the Pilot In Command on a scheduled flight with two passengers in a Tecnam P2006T, headed to a mandatory meeting. During preflight, you find the flaps are inoperative in the 'Up' position. Assuming you have the necessary takeoff and landing distance, can you legally defer the equipment under FAR 91.213 and take-off? Why or why not? Vote and comment below!

Additional Info

The POH normal takeoff procedure requires flaps in the T/O position.
The only POH reference to Vr is 64 knots, with flaps in the T/O position.
Flaps are not included in the aircraft's Kinds of Operations Equipment list, but the flap position indicator is.

Legal
Not Legal

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