Flight crew of large transport refuses ATC requested turn into area of WX buildup and are cited for possible deviation by controller.

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Attributes
ACN	119090
Time
Date	198908
Day	Fri
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : blh
State Reference	CA
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zla
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : atp pilot : flight engineer pilot : cfi
Experience	flight time last 90 days : 240 flight time total : 12000 flight time type : 1200
ASRS Report	119090
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	118864
Events
Anomaly	inflight encounter : weather non adherence : clearance other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	none taken : unable other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Ambiguous
Air Traffic Incident	other

Narrative:

On departing lax, turned over to ZLA. Captain was flying aircraft. As first officer, I was working communications. Center asked us to maintain 310 KTS or .81 mach which we complied with. Another air carrier was behind us and was faster. We then were told to switch frequencys to another center sector (lax also). The controller told us the aircraft behind us was faster and we were to turn to heading 040 degree from our heading of 080 degree. The captain then took control of the radios and told center he didn't want to turn because of WX in that area. Note: a small area of WX was building and looked turbulent. The captain said we could pick up our speed and did so. The controller then wanted to know if we were declaring an emergency. The captain said no, but he didn't want to turn in that area. He informed lax that our speed was now .81 mach and could he slow down the other aircraft. The controller was busy with other aircraft, then asked our heading. He was told 080 degree. He informed us that our flight had a possible deviation, and gave the captain a number to call. 1) why do you have to declare an emergency to avoid WX? 2) why was aircraft behind not slowed down?

Original NASA ASRS Text

Title: FLT CREW OF LGT REFUSES ATC REQUESTED TURN INTO AREA OF WX BUILDUP AND ARE CITED FOR POSSIBLE DEVIATION BY CTLR.

Narrative: ON DEPARTING LAX, TURNED OVER TO ZLA. CAPT WAS FLYING ACFT. AS F/O, I WAS WORKING COMS. CENTER ASKED US TO MAINTAIN 310 KTS OR .81 MACH WHICH WE COMPLIED WITH. ANOTHER AIR CARRIER WAS BEHIND US AND WAS FASTER. WE THEN WERE TOLD TO SWITCH FREQS TO ANOTHER CENTER SECTOR (LAX ALSO). THE CTLR TOLD US THE ACFT BEHIND US WAS FASTER AND WE WERE TO TURN TO HDG 040 DEG FROM OUR HDG OF 080 DEG. THE CAPT THEN TOOK CONTROL OF THE RADIOS AND TOLD CENTER HE DIDN'T WANT TO TURN BECAUSE OF WX IN THAT AREA. NOTE: A SMALL AREA OF WX WAS BUILDING AND LOOKED TURBULENT. THE CAPT SAID WE COULD PICK UP OUR SPEED AND DID SO. THE CTLR THEN WANTED TO KNOW IF WE WERE DECLARING AN EMER. THE CAPT SAID NO, BUT HE DIDN'T WANT TO TURN IN THAT AREA. HE INFORMED LAX THAT OUR SPEED WAS NOW .81 MACH AND COULD HE SLOW DOWN THE OTHER ACFT. THE CTLR WAS BUSY WITH OTHER ACFT, THEN ASKED OUR HDG. HE WAS TOLD 080 DEG. HE INFORMED US THAT OUR FLT HAD A POSSIBLE DEVIATION, AND GAVE THE CAPT A NUMBER TO CALL. 1) WHY DO YOU HAVE TO DECLARE AN EMER TO AVOID WX? 2) WHY WAS ACFT BEHIND NOT SLOWED DOWN?

Data retrieved from NASA's ASRS site as of August 2007 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.