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Corporate flight crew sin a non adherence to ATC instruction clearance in proximity of thunderstorm activity.
| Attributes | |
| ACN | 272194 |
| Time | |
| Date | 199405 |
| Day | Tue |
| Local Time Of Day | 1801 To 2400 |
| Place | |
| Locale Reference | atc facility : zau |
| State Reference | IL |
| Altitude | msl bound lower : 43000 msl bound upper : 43000 |
| Environment | |
| Flight Conditions | IMC |
| Light | Night |
| Aircraft 1 | |
| Controlling Facilities | artcc : zau |
| Operator | general aviation : corporate |
| Make Model Name | Commercial Fixed Wing |
| Operating Under FAR Part | Part 91 |
| Flight Phase | cruise other |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | Other |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : atp |
| Experience | flight time last 90 days : 95 flight time total : 12000 flight time type : 95 |
| ASRS Report | 272194 |
| Person 2 | |
| Affiliation | Other |
| Function | flight crew : first officer |
| Qualification | pilot : atp |
| ASRS Report | 272206 |
| Events | |
| Anomaly | non adherence : clearance non adherence : far |
| Independent Detector | other controllera other flight crewa |
| Resolutory Action | none taken : anomaly accepted other |
| Consequence | Other |
| Supplementary | |
| Primary Problem | Weather |
| Air Traffic Incident | Pilot Deviation |
| Situations | |
| ATC Facility | procedure or policy : unspecified |
Narrative:
Was at FL430, ZAU instructed us to descend to FL240. As we were over an area of extensive lightning activity, I asked for a delay in descent or a vector clear of aforementioned activity. I was told this was not possible as ZID wanted us at FL240. I then refused the descent. Another controller (probably a supervisor) then got on the frequency and told me that I was in violation of FARS for refusing the clearance. I then explained to him that I also would be in violation of FARS if I flew into adverse WX conditions. At this point I was turned over to ZID and the flight was completed uneventfully. Supplemental information from acn 272206: we were level at FL430 and were instructed to descend to FL240 by ZAU. We advised the controller that we were over a large area of WX with extensive lightning and would need to delay our descent. We then suggested a vector to resolve any conflict, but he again instructed us to descend and we refused. The controller then asked us if we were refusing the descent clearance and we responded affirmative. Then another controller came on the frequency and asked if we were refusing to descend and we responded affirmative. He then advised us that we were in violation of FARS and we explained our flight conditions and refused to descend.
Original NASA ASRS Text
Title: CORPORATE FLC SIN A NON ADHERENCE TO ATC INSTRUCTION CLRNC IN PROX OF TSTM ACTIVITY.
Narrative: WAS AT FL430, ZAU INSTRUCTED US TO DSND TO FL240. AS WE WERE OVER AN AREA OF EXTENSIVE LIGHTNING ACTIVITY, I ASKED FOR A DELAY IN DSCNT OR A VECTOR CLR OF AFOREMENTIONED ACTIVITY. I WAS TOLD THIS WAS NOT POSSIBLE AS ZID WANTED US AT FL240. I THEN REFUSED THE DSCNT. ANOTHER CTLR (PROBABLY A SUPVR) THEN GOT ON THE FREQ AND TOLD ME THAT I WAS IN VIOLATION OF FARS FOR REFUSING THE CLRNC. I THEN EXPLAINED TO HIM THAT I ALSO WOULD BE IN VIOLATION OF FARS IF I FLEW INTO ADVERSE WX CONDITIONS. AT THIS POINT I WAS TURNED OVER TO ZID AND THE FLT WAS COMPLETED UNEVENTFULLY. SUPPLEMENTAL INFO FROM ACN 272206: WE WERE LEVEL AT FL430 AND WERE INSTRUCTED TO DSND TO FL240 BY ZAU. WE ADVISED THE CTLR THAT WE WERE OVER A LARGE AREA OF WX WITH EXTENSIVE LIGHTNING AND WOULD NEED TO DELAY OUR DSCNT. WE THEN SUGGESTED A VECTOR TO RESOLVE ANY CONFLICT, BUT HE AGAIN INSTRUCTED US TO DSND AND WE REFUSED. THE CTLR THEN ASKED US IF WE WERE REFUSING THE DSCNT CLRNC AND WE RESPONDED AFFIRMATIVE. THEN ANOTHER CTLR CAME ON THE FREQ AND ASKED IF WE WERE REFUSING TO DSND AND WE RESPONDED AFFIRMATIVE. HE THEN ADVISED US THAT WE WERE IN VIOLATION OF FARS AND WE EXPLAINED OUR FLT CONDITIONS AND REFUSED TO DSND.
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.