Unauthorized penetration of airspace. Proximity of MOA.

Attributes
ACN	274621
Time
Date	199406
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : jax
State Reference	FL
Altitude	msl bound lower : 29000 msl bound upper : 29000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zjx
Operator	common carrier : air carrier
Make Model Name	B737-300
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other other
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	other pilot : flight engineer pilot : atp
Experience	flight time last 90 days : 200 flight time total : 11500 flight time type : 1700
ASRS Report	274621
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 210 flight time total : 14850 flight time type : 10150
ASRS Report	273484
Events
Anomaly	inflight encounter : weather non adherence : clearance non adherence : far other anomaly other other spatial deviation
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance flight crew : declared emergency other
Consequence	Other
Supplementary
Primary Problem	Weather
Air Traffic Incident	Pilot Deviation

Narrative:

On jun/xx/94 I was the first officer on flight dab-clt. Our filed routing was over land although we were equipped and qualified for overwater flight. Thunderstorms were rapidly developing over land and the captain elected to stay to the east overwater to avoid the WX. We were on an assigned heading of 040 degrees and the captain wanted to turn 15 degrees right. I requested the new heading and before we received clearance the captain turned to a 055 degree heading. I told him we hadn't received clearance for the heading change and would soon penetrate the military warning area. He ignored me. Within a min the controller wanted us to turn left to avoid the warning area but the captain wouldn't so the controller declared us as an emergency so we could penetrate the warning area. Supplemental information from acn 273484: jax asked how long we would need heading, we said 50 degrees for 20 mi. They would not approve deviation without declaring an emergency authority/authorized and so I declared emergency authority/authorized and continued deviation. We came back to direct flo as soon as we could. Military warning areas were active.

Original NASA ASRS Text

Title: UNAUTH PENETRATION OF AIRSPACE. PROX OF MOA.

Narrative: ON JUN/XX/94 I WAS THE FO ON FLT DAB-CLT. OUR FILED ROUTING WAS OVER LAND ALTHOUGH WE WERE EQUIPPED AND QUALIFIED FOR OVERWATER FLT. TSTMS WERE RAPIDLY DEVELOPING OVER LAND AND THE CAPT ELECTED TO STAY TO THE E OVERWATER TO AVOID THE WX. WE WERE ON AN ASSIGNED HDG OF 040 DEGS AND THE CAPT WANTED TO TURN 15 DEGS R. I REQUESTED THE NEW HDG AND BEFORE WE RECEIVED CLRNC THE CAPT TURNED TO A 055 DEG HDG. I TOLD HIM WE HADN'T RECEIVED CLRNC FOR THE HDG CHANGE AND WOULD SOON PENETRATE THE MIL WARNING AREA. HE IGNORED ME. WITHIN A MIN THE CTLR WANTED US TO TURN L TO AVOID THE WARNING AREA BUT THE CAPT WOULDN'T SO THE CTLR DECLARED US AS AN EMER SO WE COULD PENETRATE THE WARNING AREA. SUPPLEMENTAL INFO FROM ACN 273484: JAX ASKED HOW LONG WE WOULD NEED HDG, WE SAID 50 DEGS FOR 20 MI. THEY WOULD NOT APPROVE DEV WITHOUT DECLARING AN EMER AUTH AND SO I DECLARED EMER AUTH AND CONTINUED DEV. WE CAME BACK TO DIRECT FLO AS SOON AS WE COULD. MIL WARNING AREAS WERE ACTIVE.

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.