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ZHU controller described a descent refusal by an aircraft at FL450 because of weather conditions; the aircraft was then issued a course deviation.
| Attributes | |
| ACN | 1042471 |
| Time | |
| Date | 201210 |
| Local Time Of Day | 1801-2400 |
| Place | |
| Locale Reference | ZHU.ARTCC |
| State Reference | TX |
| Aircraft 1 | |
| Make Model Name | Citationjet (C525/C526) - CJ I / II / III / IV |
| Operating Under FAR Part | Part 91 |
| Flight Phase | Cruise |
| Flight Plan | IFR |
| Person 1 | |
| Function | Enroute |
| Qualification | Air Traffic Control Fully Certified |
| Events | |
| Anomaly | ATC Issue All Types Deviation - Procedural Clearance Deviation - Procedural Published Material / Policy Inflight Event / Encounter Weather / Turbulence |
Narrative:
A C525 checked on in the vicinity of pekon intersection at FL450; inappropriate for direction. I am required to have all aircraft into aus terminal cross 65 east of weeed intersection at FL300 the C525 was landing 3R; and I descended him to FL380 to go under crossing traffic at FL400 and advised the pilot to expect to cross 60 east of weeed at FL300. The pilot refused the descent and advised he was unable the clearance for weather. I advised no precipitation observed but I could approve a left deviation. I advised the supervisor and gave the pilot the supervisor desk phone number. The pilot refused the revised route because he needed the most direct route and insisted he could not descend for weather. By now I turned the overflight aircraft off course and the C525 had still not descended. I again stated the restrictions and that it was an ATC requirement. The pilot finally descended. I do not believe that the supervisor filed a pilot deviation but believe he should have. This is unsafe and safety is an issue. Procedures are already in effect and pilots are supposedly required to follow ATC instructions!
Original NASA ASRS Text
Title: ZHU Controller described a descent refusal by an aircraft at FL450 because of weather conditions; the aircraft was then issued a course deviation.
Narrative: A C525 checked on in the vicinity of PEKON Intersection at FL450; inappropriate for direction. I am required to have all aircraft into AUS terminal cross 65 east of WEEED Intersection at FL300 the C525 was landing 3R; and I descended him to FL380 to go under crossing traffic at FL400 and advised the pilot to expect to cross 60 east of WEEED at FL300. The pilot refused the descent and advised he was unable the clearance for weather. I advised no precipitation observed but I could approve a left deviation. I advised the Supervisor and gave the pilot the supervisor desk phone number. The pilot refused the revised route because he needed the most direct route and insisted he could not descend for weather. By now I turned the overflight aircraft off course and the C525 had still not descended. I again stated the restrictions and that it was an ATC requirement. The pilot finally descended. I do not believe that the Supervisor filed a Pilot Deviation but believe he should have. THIS IS UNSAFE AND SAFETY IS AN ISSUE. Procedures are already in effect and pilots are supposedly required to follow ATC instructions!
Data retrieved from NASA's ASRS site as of July 2013 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.