Narrative:

Thunderstorms were in the area around dfw. Air carrier X departed dfw to the north off runway 35L, assigned runway heading and 10000 ft. 5 mi north of dtw I turned air carrier X to a 080 heading. (Air carrier X was a sbound aircraft to the houston area.) a few mi after turning, air carrier X requested a turn to the southeast around WX. I issued a 140 heading. At this time the aircraft was just northwest of hamak intersection, a STAR termination fix on the blue ridge arrival. Air carrier Y was at 11000 on the STAR nearing hamak from the northeast. As air carrier X passed hamak he declared he was turning to a 160 degree heading to further avoid WX. I told him 'no, continue heading 140, traffic descending above and behind'. Air carrier Y had crossed hamak and turned downwind to heading 170 descending to 6000 ft. Air carrier X stated he was going to turn anyway. I again said, 'no, due to high arrival traffic'. Air carrier X then said 'do whatever you have to do with the high arrival, I'm turning south now'. At this point the controller at the adjacent sector alerted the controller who had air carrier Y on frequency. Air carrier Y was issued traffic and climbed back to 11000 ft. Air carrier X had a TCASII resolution and began descending. I told air carrier X to level at 8000 ft and fly heading 090. Air carrier X did level, did a slight jog to the east but continued basically sbound. This all lasted less than a min from the turn to 140 degree initially. Separation was not lost because air carrier Y used visual separation until altitude was reestablished. Closest convergence of the 2 aircraft was observed as 1/2 mi to a mi and 600 ft. No pilot deviation was filed. No controller error was filed. A TCASII event questionnaire was completed by the supervisor. I don't blame the pilot for not wanting to fly through WX, but he chose to depart in known and current thunderstorm conditions. Air carrier X was being vectored via the same routing others before and after used to get south. Callback conversation with reporter revealed the following information: the reporter stated air carrier X had been informed about the WX prior to departure and had been told the route that would have to be flown. The reporter said an medium large transport 6 mi ahead of air carrier X had reported a good ride with light turbulence and the WX looked worse on radar than it was. The reporter stated the departure controller-2 heard what was going on and that air carrier X was not complying with instructions, ran over to the approach sector and had the controller stop air carrier Y's descent. Supplemental information from acn 189469: at about 5000 ft climbing north to 10000 ft in IMC departure control (dc) said there was WX of unknown intensity southeast of dfw. Air carrier X cleared to 140. Radar confirmed the WX with red echoes and I asked for a turn south. Now in VMC the 140 degree heading was not going to work. I told dc that we had to go further right. Dc said to maintain 140 degree heading. I asked again for deviation. Dc said unable and was inflexible to our WX avoidance needs. I told the first officer to turn to 160 degree to avoid the WX which was painting red. Level at 10000 ft on a 160 degree heading we got an RA to descend at 2000 FPM. I took control, made a left turn and complied with the TCASII command to descend and we leveled at 8600 ft. Dc now cleared us to 8000 ft. Going through the original WX we experienced moderate turbulence. When still in the WX dc gave us a 170 degree heading, climb to 17000 ft. The flight continued normally from there. The conflict traffic was displayed on TCASII at our right aft quadrant, about 1 mi, 600 ft above us. As requested on the radio, dc was called at destination.

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Original NASA ASRS Text

Title: ACR X NON ADHERENCE TO ATC CLRNC (ALT AND HDG DEV FOR WX AVOIDANCE) HAD LTSS FROM ACR Y. PLTDEV. TCASII RA EVASIVE ACTION TAKEN.

Narrative: TSTMS WERE IN THE AREA AROUND DFW. ACR X DEPARTED DFW TO THE N OFF RWY 35L, ASSIGNED RWY HDG AND 10000 FT. 5 MI N OF DTW I TURNED ACR X TO A 080 HDG. (ACR X WAS A SBOUND ACFT TO THE HOUSTON AREA.) A FEW MI AFTER TURNING, ACR X REQUESTED A TURN TO THE SE AROUND WX. I ISSUED A 140 HDG. AT THIS TIME THE ACFT WAS JUST NW OF HAMAK INTXN, A STAR TERMINATION FIX ON THE BLUE RIDGE ARR. ACR Y WAS AT 11000 ON THE STAR NEARING HAMAK FROM THE NE. AS ACR X PASSED HAMAK HE DECLARED HE WAS TURNING TO A 160 DEG HDG TO FURTHER AVOID WX. I TOLD HIM 'NO, CONTINUE HDG 140, TFC DSNDING ABOVE AND BEHIND'. ACR Y HAD CROSSED HAMAK AND TURNED DOWNWIND TO HDG 170 DSNDING TO 6000 FT. ACR X STATED HE WAS GOING TO TURN ANYWAY. I AGAIN SAID, 'NO, DUE TO HIGH ARR TFC'. ACR X THEN SAID 'DO WHATEVER YOU HAVE TO DO WITH THE HIGH ARRIVAL, I'M TURNING S NOW'. AT THIS POINT THE CTLR AT THE ADJACENT SECTOR ALERTED THE CTLR WHO HAD ACR Y ON FREQ. ACR Y WAS ISSUED TFC AND CLBED BACK TO 11000 FT. ACR X HAD A TCASII RESOLUTION AND BEGAN DSNDING. I TOLD ACR X TO LEVEL AT 8000 FT AND FLY HDG 090. ACR X DID LEVEL, DID A SLIGHT JOG TO THE E BUT CONTINUED BASICALLY SBOUND. THIS ALL LASTED LESS THAN A MIN FROM THE TURN TO 140 DEG INITIALLY. SEPARATION WAS NOT LOST BECAUSE ACR Y USED VISUAL SEPARATION UNTIL ALT WAS REESTABLISHED. CLOSEST CONVERGENCE OF THE 2 ACFT WAS OBSERVED AS 1/2 MI TO A MI AND 600 FT. NO PLTDEV WAS FILED. NO CTLR ERROR WAS FILED. A TCASII EVENT QUESTIONNAIRE WAS COMPLETED BY THE SUPVR. I DON'T BLAME THE PLT FOR NOT WANTING TO FLY THROUGH WX, BUT HE CHOSE TO DEPART IN KNOWN AND CURRENT TSTM CONDITIONS. ACR X WAS BEING VECTORED VIA THE SAME RTING OTHERS BEFORE AND AFTER USED TO GET S. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR STATED ACR X HAD BEEN INFORMED ABOUT THE WX PRIOR TO DEP AND HAD BEEN TOLD THE RTE THAT WOULD HAVE TO BE FLOWN. THE RPTR SAID AN MLG 6 MI AHEAD OF ACR X HAD RPTED A GOOD RIDE WITH LIGHT TURB AND THE WX LOOKED WORSE ON RADAR THAN IT WAS. THE RPTR STATED THE DEP CTLR-2 HEARD WHAT WAS GOING ON AND THAT ACR X WAS NOT COMPLYING WITH INSTRUCTIONS, RAN OVER TO THE APCH SECTOR AND HAD THE CTLR STOP ACR Y'S DSCNT. SUPPLEMENTAL INFO FROM ACN 189469: AT ABOUT 5000 FT CLBING N TO 10000 FT IN IMC DEP CTL (DC) SAID THERE WAS WX OF UNKNOWN INTENSITY SE OF DFW. ACR X CLRED TO 140. RADAR CONFIRMED THE WX WITH RED ECHOES AND I ASKED FOR A TURN S. NOW IN VMC THE 140 DEG HDG WAS NOT GOING TO WORK. I TOLD DC THAT WE HAD TO GO FURTHER R. DC SAID TO MAINTAIN 140 DEG HDG. I ASKED AGAIN FOR DEV. DC SAID UNABLE AND WAS INFLEXIBLE TO OUR WX AVOIDANCE NEEDS. I TOLD THE FO TO TURN TO 160 DEG TO AVOID THE WX WHICH WAS PAINTING RED. LEVEL AT 10000 FT ON A 160 DEG HDG WE GOT AN RA TO DSND AT 2000 FPM. I TOOK CTL, MADE A L TURN AND COMPLIED WITH THE TCASII COMMAND TO DSND AND WE LEVELED AT 8600 FT. DC NOW CLRED US TO 8000 FT. GOING THROUGH THE ORIGINAL WX WE EXPERIENCED MODERATE TURB. WHEN STILL IN THE WX DC GAVE US A 170 DEG HDG, CLB TO 17000 FT. THE FLT CONTINUED NORMALLY FROM THERE. THE CONFLICT TFC WAS DISPLAYED ON TCASII AT OUR R AFT QUADRANT, ABOUT 1 MI, 600 FT ABOVE US. AS REQUESTED ON THE RADIO, DC WAS CALLED AT DEST.

Data retrieved from NASA's ASRS site as of July 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.