An large transport freighter crew deviated away from heavy WX without proper ATC clearance.

Attributes
ACN	213379
Time
Date	199206
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : cvg
State Reference	OH
Altitude	agl bound lower : 4000 agl bound upper : 8000
Environment
Flight Conditions	IMC
Light	Dusk
Aircraft 1
Controlling Facilities	tracon : cvg tower : cvg
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	climbout : takeoff climbout : intermediate altitude climbout : initial
Route In Use	departure other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : flight engineer pilot : cfi pilot : atp
Experience	flight time last 90 days : 90 flight time total : 6500 flight time type : 800
ASRS Report	213379
Person 2
Affiliation	company : air carrier
Function	flight crew : second officer
Qualification	pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 150 flight time total : 8000 flight time type : 150
ASRS Report	213383
Events
Anomaly	inflight encounter : weather non adherence : far non adherence : clearance other anomaly other other spatial deviation
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : declared emergency flight crew : exited adverse environment flight crew : took evasive action other
Consequence	Other
Supplementary
Primary Problem	Weather
Air Traffic Incident	Pilot Deviation other

Narrative:

WX scenario: due to severe WX, cvg airport closed from approximately XA15 to XB45. Numerous thunderstorms, windshear reports and high winds were noted. Passage of the WX was from west to east. After waiting for passage of the WX and monitoring several departures, the decision was made to block out. Our filed route was ene with departures from 18L and right. The WX was now east of the airport. On the 18L runup pad we asked the tower if any of the previous departures turned left (east). He stated all had either turned right (west) or continued straight out. We stated we would like a right turn as well. Behind a departing flight we were cleared into position and hold, and told a right turn could not be approved by the tower. We then asked when we could expect a right turn. Tower replied 5 mi, previous departure was already 5 mi and if we could not accept straight out to clear runway, straight out for 5 mi was acceptable. Clearance was given for takeoff with a report previous departure was at 7 mi. We accepted takeoff clearance and departed. After takeoff and cleanup we were given to departure and requested a right turn which was denied and told to maintain runway heading. We now entered moderate rain and turbulence and asked departure what WX he was showing on his radar. He replied 040-240 degrees. With an increase in rain and turbulence, we again asked for a right turn. We were told we would have to turn left to join our filed route (into the WX). With a further increase in rain and turbulence, the captain initiated a turn to 300 degrees and advised ATC. ATC replied 'state your intentions.' we asked for a further turn to the northwest. Departure control appeared to be concerned only with putting us on our filed route and not interested in our WX concerns. There were numerous departures because the airport had been closed. Maybe his workload was too high to accommodate us. If this was the case, I suggest fewer departures being authorized when deviations for WX are obviously necessary. Supplemental information from acn 213383: I feel it is necessary for me to report this incident since the captain elected to deviate from an ATC instruction, exercising his PIC authority.

Original NASA ASRS Text

Title: AN LGT FREIGHTER CREW DEVIATED AWAY FROM HVY WX WITHOUT PROPER ATC CLRNC.

Narrative: WX SCENARIO: DUE TO SEVERE WX, CVG ARPT CLOSED FROM APPROX XA15 TO XB45. NUMEROUS TSTMS, WINDSHEAR RPTS AND HIGH WINDS WERE NOTED. PASSAGE OF THE WX WAS FROM W TO E. AFTER WAITING FOR PASSAGE OF THE WX AND MONITORING SEVERAL DEPS, THE DECISION WAS MADE TO BLOCK OUT. OUR FILED RTE WAS ENE WITH DEPS FROM 18L AND R. THE WX WAS NOW E OF THE ARPT. ON THE 18L RUNUP PAD WE ASKED THE TWR IF ANY OF THE PREVIOUS DEPS TURNED L (E). HE STATED ALL HAD EITHER TURNED R (W) OR CONTINUED STRAIGHT OUT. WE STATED WE WOULD LIKE A R TURN AS WELL. BEHIND A DEPARTING FLT WE WERE CLRED INTO POS AND HOLD, AND TOLD A R TURN COULD NOT BE APPROVED BY THE TWR. WE THEN ASKED WHEN WE COULD EXPECT A R TURN. TWR REPLIED 5 MI, PREVIOUS DEP WAS ALREADY 5 MI AND IF WE COULD NOT ACCEPT STRAIGHT OUT TO CLR RWY, STRAIGHT OUT FOR 5 MI WAS ACCEPTABLE. CLRNC WAS GIVEN FOR TKOF WITH A RPT PREVIOUS DEP WAS AT 7 MI. WE ACCEPTED TKOF CLRNC AND DEPARTED. AFTER TKOF AND CLEANUP WE WERE GIVEN TO DEP AND REQUESTED A R TURN WHICH WAS DENIED AND TOLD TO MAINTAIN RWY HDG. WE NOW ENTERED MODERATE RAIN AND TURB AND ASKED DEP WHAT WX HE WAS SHOWING ON HIS RADAR. HE REPLIED 040-240 DEGS. WITH AN INCREASE IN RAIN AND TURB, WE AGAIN ASKED FOR A R TURN. WE WERE TOLD WE WOULD HAVE TO TURN L TO JOIN OUR FILED RTE (INTO THE WX). WITH A FURTHER INCREASE IN RAIN AND TURB, THE CAPT INITIATED A TURN TO 300 DEGS AND ADVISED ATC. ATC REPLIED 'STATE YOUR INTENTIONS.' WE ASKED FOR A FURTHER TURN TO THE NW. DEP CTL APPEARED TO BE CONCERNED ONLY WITH PUTTING US ON OUR FILED RTE AND NOT INTERESTED IN OUR WX CONCERNS. THERE WERE NUMEROUS DEPS BECAUSE THE ARPT HAD BEEN CLOSED. MAYBE HIS WORKLOAD WAS TOO HIGH TO ACCOMMODATE US. IF THIS WAS THE CASE, I SUGGEST FEWER DEPS BEING AUTHORIZED WHEN DEVS FOR WX ARE OBVIOUSLY NECESSARY. SUPPLEMENTAL INFORMATION FROM ACN 213383: I FEEL IT IS NECESSARY FOR ME TO RPT THIS INCIDENT SINCE THE CAPT ELECTED TO DEVIATE FROM AN ATC INSTRUCTION, EXERCISING HIS PIC AUTHORITY.

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.