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B767 flight crew observes WX and takes action for avoidance. Controller advises only if emergency conditions exist. Flight crew advises this action is necessary. Flight crew believes that since they did not declare an emergency, that somehow things are different because ATC applies the standards.
| Attributes | |
| ACN | 405160 |
| Time | |
| Date | 199806 |
| Day | Mon |
| Local Time Of Day | 1801 To 2400 |
| Place | |
| Locale Reference | atc facility : orf |
| State Reference | VA |
| Altitude | msl bound lower : 24000 msl bound upper : 24000 |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | artcc : zdc |
| Operator | common carrier : air carrier |
| Make Model Name | B767 Undifferentiated or Other Model |
| Operating Under FAR Part | Part 121 |
| Navigation In Use | Other Other |
| Flight Phase | cruise other descent other |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : first officer |
| Qualification | pilot : atp |
| ASRS Report | 405160 |
| Person 2 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : atp |
| Experience | flight time last 90 days : 100 flight time total : 20000 |
| ASRS Report | 405170 |
| Events | |
| Anomaly | inflight encounter : weather other spatial deviation |
| Independent Detector | other flight crewa |
| Resolutory Action | controller : issued new clearance flight crew : declared emergency flight crew : took evasive action |
| Consequence | Other |
| Supplementary | |
| Primary Problem | Flight Crew Human Performance |
| Air Traffic Incident | other |
Narrative:
After turning onto J79 from sby, advised ATC that heading of 260-270 degrees would be needed to avoid thunderstorm. ATC replied unable. To prevent thunderstorm penetration heading of 265 degrees was flown. ATC replied that we would have to fly 260-270 degrees on emergency heading. We replied that was fine. ATC did not require us to squawk 7700. Asking the next controller if ATC understood us to declare an emergency, they replied no. Queried ATC if a loss of separation took place, and they replied no. We did not declare an emergency, simply stated that we could not accept headings issued by ATC.
Original NASA ASRS Text
Title: B767 FLC OBSERVES WX AND TAKES ACTION FOR AVOIDANCE. CTLR ADVISES ONLY IF EMER CONDITIONS EXIST. FLC ADVISES THIS ACTION IS NECESSARY. FLC BELIEVES THAT SINCE THEY DID NOT DECLARE AN EMER, THAT SOMEHOW THINGS ARE DIFFERENT BECAUSE ATC APPLIES THE STANDARDS.
Narrative: AFTER TURNING ONTO J79 FROM SBY, ADVISED ATC THAT HEADING OF 260-270 DEGS WOULD BE NEEDED TO AVOID TSTM. ATC REPLIED UNABLE. TO PREVENT TSTM PENETRATION HDG OF 265 DEGS WAS FLOWN. ATC REPLIED THAT WE WOULD HAVE TO FLY 260-270 DEGS ON EMER HEADING. WE REPLIED THAT WAS FINE. ATC DID NOT REQUIRE US TO SQUAWK 7700. ASKING THE NEXT CTLR IF ATC UNDERSTOOD US TO DECLARE AN EMER, THEY REPLIED NO. QUERIED ATC IF A LOSS OF SEPARATION TOOK PLACE, AND THEY REPLIED NO. WE DID NOT DECLARE AN EMER, SIMPLY STATED THAT WE COULD NOT ACCEPT HEADINGS ISSUED BY ATC.
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.