Pilot refuses clearance to change altitude at ZDV request.

Attributes
ACN	342068
Time
Date	199607
Day	Mon
Local Time Of Day	0001 To 0600
Place
Locale Reference	atc facility : den
State Reference	CO
Altitude	msl bound lower : 41000 msl bound upper : 41000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : zdv
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : instrument pilot : cfi pilot : atp pilot : commercial
Experience	flight time last 90 days : 200 flight time total : 15000 flight time type : 2000
ASRS Report	342068
Person 2
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	non adherence : clearance other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

During night departure from jfk, lost WX radar, had considerable rerte. Had passenger pass out at cruise over lincoln, northeast, area. Pulse low, but previous medical problem. Were at FL410 and proceeding direct from buf area to lax. In the middle of ZDV, for no apparent reason, controller demanded we descend to FL390 to confirm to hemispherical rule. Only one airplane at FL410 any factor for last 2 hours of flight. I hesitated and asked if we could stay at FL410 and he gave no answer. He did not state reason for changing our altitude nor did he ask if I wanted to go up or down. He then asked if I was not planning to follow an ATC clearance. I told him I was merely inquiring as to the reason for altitude change. Needed most optimum altitude for fuel conservation which optimum was 40800 ft. Declared minimum fuel advisory and reported medical problem on board. Controller was rude, not providing quality service to users, and had no purpose for changing our altitude.

Original NASA ASRS Text

Title: PLT REFUSES CLRNC TO CHANGE ALT AT ZDV REQUEST.

Narrative: DURING NIGHT DEP FROM JFK, LOST WX RADAR, HAD CONSIDERABLE RERTE. HAD PAX PASS OUT AT CRUISE OVER LINCOLN, NE, AREA. PULSE LOW, BUT PREVIOUS MEDICAL PROB. WERE AT FL410 AND PROCEEDING DIRECT FROM BUF AREA TO LAX. IN THE MIDDLE OF ZDV, FOR NO APPARENT REASON, CTLR DEMANDED WE DSND TO FL390 TO CONFIRM TO HEMISPHERICAL RULE. ONLY ONE AIRPLANE AT FL410 ANY FACTOR FOR LAST 2 HRS OF FLT. I HESITATED AND ASKED IF WE COULD STAY AT FL410 AND HE GAVE NO ANSWER. HE DID NOT STATE REASON FOR CHANGING OUR ALT NOR DID HE ASK IF I WANTED TO GO UP OR DOWN. HE THEN ASKED IF I WAS NOT PLANNING TO FOLLOW AN ATC CLRNC. I TOLD HIM I WAS MERELY INQUIRING AS TO THE REASON FOR ALT CHANGE. NEEDED MOST OPTIMUM ALT FOR FUEL CONSERVATION WHICH OPTIMUM WAS 40800 FT. DECLARED MINIMUM FUEL ADVISORY AND RPTED MEDICAL PROB ON BOARD. CTLR WAS RUDE, NOT PROVIDING QUALITY SVC TO USERS, AND HAD NO PURPOSE FOR CHANGING OUR ALT.

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.