Narrative:

New york departure was having problems handing us off to ZNY. We made several turns awaiting a handoff. Finally got a handoff and started a climb to FL260. We then switched to YYY.Y. The controller then wanted us to turn right to rejoin J75 sbound. There was an isolated thunderstorm with tops about FL290 to my immediate right. Our position was mxe VOR 040 degree radial, 10 DME. First officer told ATC unable to turn due to WX. ATC insisted we turn due to head-on descending traffic. ATC was unable to contact controller working descending traffic. In addition, ATC said we could not turn left due to arrs. I took over radio and said this is the captain. I cannot turn any further right due to thunderstorm off my right. ATC then declared an emergency for us and had us squawk 7700 until next handoff. I turned right about 8 degrees and just touched the edge of the WX and encountered light to moderate turbulence for 1 min. The seat belt sign was on but the flight attendants were up performing their duties. It would have been unsafe to make any further right turns. I must also say that from the takeoff, new york departure and ZNY seemed to be having real problems handling traffic. Supplemental information from acn 406698: we were unable to turn right to join the J75 because of the buildup and advised ATC. ATC insisted we turn right to heading 270 degrees because he had arrs to the left of us and ZDC was not taking the next handoff. We again told the controller that we were unable to comply. The controller then declared us an emergency and told us to squawk 7700 till the handoff with ZDC was accomplished. It appeared to us that the original nyc YYY.Y who cleared us direct mxe did not properly pass the information along to the next controller during the handoff.

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Original NASA ASRS Text

Title: MD80 CREW REFUSED AN ATC CLRNC WHICH WOULD HAVE CAUSED THEM TO PENETRATE A TSTM. CTLR THEN DECLARED AN EMER FOR THE ACFT.

Narrative: NEW YORK DEP WAS HAVING PROBS HANDING US OFF TO ZNY. WE MADE SEVERAL TURNS AWAITING A HDOF. FINALLY GOT A HDOF AND STARTED A CLB TO FL260. WE THEN SWITCHED TO YYY.Y. THE CTLR THEN WANTED US TO TURN R TO REJOIN J75 SBOUND. THERE WAS AN ISOLATED TSTM WITH TOPS ABOUT FL290 TO MY IMMEDIATE R. OUR POS WAS MXE VOR 040 DEG RADIAL, 10 DME. FO TOLD ATC UNABLE TO TURN DUE TO WX. ATC INSISTED WE TURN DUE TO HEAD-ON DSNDING TFC. ATC WAS UNABLE TO CONTACT CTLR WORKING DSNDING TFC. IN ADDITION, ATC SAID WE COULD NOT TURN L DUE TO ARRS. I TOOK OVER RADIO AND SAID THIS IS THE CAPT. I CANNOT TURN ANY FURTHER R DUE TO TSTM OFF MY R. ATC THEN DECLARED AN EMER FOR US AND HAD US SQUAWK 7700 UNTIL NEXT HDOF. I TURNED R ABOUT 8 DEGS AND JUST TOUCHED THE EDGE OF THE WX AND ENCOUNTERED LIGHT TO MODERATE TURB FOR 1 MIN. THE SEAT BELT SIGN WAS ON BUT THE FLT ATTENDANTS WERE UP PERFORMING THEIR DUTIES. IT WOULD HAVE BEEN UNSAFE TO MAKE ANY FURTHER R TURNS. I MUST ALSO SAY THAT FROM THE TKOF, NEW YORK DEP AND ZNY SEEMED TO BE HAVING REAL PROBS HANDLING TFC. SUPPLEMENTAL INFO FROM ACN 406698: WE WERE UNABLE TO TURN R TO JOIN THE J75 BECAUSE OF THE BUILDUP AND ADVISED ATC. ATC INSISTED WE TURN R TO HDG 270 DEGS BECAUSE HE HAD ARRS TO THE L OF US AND ZDC WAS NOT TAKING THE NEXT HDOF. WE AGAIN TOLD THE CTLR THAT WE WERE UNABLE TO COMPLY. THE CTLR THEN DECLARED US AN EMER AND TOLD US TO SQUAWK 7700 TILL THE HDOF WITH ZDC WAS ACCOMPLISHED. IT APPEARED TO US THAT THE ORIGINAL NYC YYY.Y WHO CLRED US DIRECT MXE DID NOT PROPERLY PASS THE INFO ALONG TO THE NEXT CTLR DURING THE HDOF.

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.