A B737-800 crew diverted around a fast building; severe thunderstorm without clearance because ATC f...

Narrative:

Enroute; surrounded by convective conditions and following many prior deviations around large thunderstorms; we had a cell appear on the radar approximately 17 miles directly ahead on our course. We asked ATC for '10 right' to avoid the cell ahead. ATC's response was to standby. Cell depiction then turned to lightning bolt symbol. About 12 miles from cell; we contacted ATC again requesting 10 right for weather ahead. The ATC response again was to standby. Five prior to cell; ATC contacted us and asked what we wanted. We advised we were turning right to avoid cell ahead. ATC controller then told us we were violating our clearance and wanted to know what emergency we were declaring. We advised we were turning for weather and ATC controller then launched into a dialogue about how he was too busy directing traffic to deal with us and how we needed to declare an emergency if we wanted to deviate from his clearance; etc. Basically; instead of providing assistance and doing his job; the controller appeared to be seeking conflict with us. I do not believe any violation of regulations occurred. This report is being provided based upon the recommendation from the company ATC specialist.

Original NASA ASRS Text

Title: A B737-800 crew diverted around a fast building; severe thunderstorm without clearance because ATC failed to answer their request in a timely manner but the Controller objected to their action because no emergency was declared.

Narrative: Enroute; surrounded by convective conditions and following many prior deviations around large thunderstorms; we had a cell appear on the radar approximately 17 miles directly ahead on our course. We asked ATC for '10 right' to avoid the cell ahead. ATC's response was to standby. Cell depiction then turned to lightning bolt symbol. About 12 miles from cell; we contacted ATC again requesting 10 right for weather ahead. The ATC response again was to standby. Five prior to cell; ATC contacted us and asked what we wanted. We advised we were turning right to avoid cell ahead. ATC Controller then told us we were violating our clearance and wanted to know what emergency we were declaring. We advised we were turning for weather and ATC Controller then launched into a dialogue about how he was too busy directing traffic to deal with us and how we needed to declare an emergency if we wanted to deviate from his clearance; etc. Basically; instead of providing assistance and doing his job; the Controller appeared to be seeking conflict with us. I do not believe any violation of regulations occurred. This report is being provided based upon the recommendation from the Company ATC Specialist.

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.

Attributes
ACN	1111221
Time
Date	201308
Local Time Of Day	1201-1800
Place
Locale Reference	ZZZ.ARTCC
State Reference	US
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Make Model Name	B737-800
Operating Under FAR Part	Part 121
Flight Phase	Descent
Flight Plan	IFR
Person 1
Function	Captain Pilot Not Flying
Qualification	Flight Crew Air Transport Pilot (ATP)
Experience	Flight Crew Last 90 Days 179 Flight Crew Type 10000
Person 2
Function	First Officer Pilot Flying
Experience	Flight Crew Last 90 Days 134
Events
Anomaly	ATC Issue All Types Deviation - Procedural Clearance Deviation - Track / Heading All Types Inflight Event / Encounter Weather / Turbulence

A B737-800 crew diverted around a fast building; severe thunderstorm without clearance because ATC failed to answer their request in a timely manner but the controller objected to their action because no emergency was declared.