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Controller declared emergency for air carrier flight crew when flight crew disputes controller queries to proceed on course. Flight crew is waiting until clear of adverse WX conditions. When WX is no longer a factor, aircraft proceeds on course. No other aircraft apparently affected by WX diversion. Pilots perceive controller is trying to intimidate flight crew.
| Attributes | |
| ACN | 413614 |
| Time | |
| Date | 199809 |
| Day | Mon |
| Local Time Of Day | 1801 To 2400 |
| Place | |
| Locale Reference | atc facility : rav |
| State Reference | PA |
| Altitude | msl bound lower : 28000 msl bound upper : 28000 |
| Environment | |
| Flight Conditions | Mixed |
| Light | Dusk |
| Aircraft 1 | |
| Controlling Facilities | artcc : zny |
| Operator | common carrier : air carrier |
| Make Model Name | Commercial Fixed Wing |
| Operating Under FAR Part | Part 121 |
| Navigation In Use | Other Other |
| Flight Phase | climbout : intermediate altitude |
| Route In Use | arrival other |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : first officer |
| Qualification | pilot : atp |
| Experience | flight time last 90 days : 200 flight time total : 8200 flight time type : 500 |
| ASRS Report | 413614 |
| Person 2 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : atp pilot : flight engineer |
| Experience | flight time last 90 days : 270 flight time total : 15000 flight time type : 200 |
| ASRS Report | 413617 |
| Events | |
| Anomaly | other anomaly other other spatial deviation |
| Independent Detector | other controllera other flight crewa |
| Resolutory Action | flight crew : exited adverse environment flight crew : returned to intended course or assigned course flight crew : declared emergency |
| Consequence | Other |
| Supplementary | |
| Primary Problem | Flight Crew Human Performance |
| Air Traffic Incident | other |
Narrative:
Cleared route etx direct rav J64 civet. Thunderstorms just north of rav. En route from etx to rav, requested and received clearance for 20 degree left of course to avoid WX. Shortly after that, center began asking us to turn back to rav. We asked to remain on our present heading. A turn toward rav would have put us within 20 NM of a strong (red) radar echo. There were no targets on our TCASII at this time. Controller then said if we did not turn to rav at this time, then we should squawk emergency. We asked 'why?' because there was no emergency. Then we were informed that ATC had declared an emergency for us. Our squawk remained the same and a few mins later we were able to turn toward rav with a safe distance between our aircraft and direct the thunderstorm. Nothing more was said about the emergency. Suspected cause: controller overload. Rather than coordinate with the next sector, the controller tried to bully us into what we considered an unsafe flight condition. Normally, controllers negotiate regarding WX avoidance. An ATC clearance requires issuance and an acceptance -- we did not accept the turn back toward rav. The controller was too impatient to help us find a safe route of flight.
Original NASA ASRS Text
Title: CTLR DECLARED EMER FOR ACR FLC WHEN FLC DISPUTES CTLR QUERIES TO PROCEED ON COURSE. FLC IS WAITING UNTIL CLR OF ADVERSE WX CONDITIONS. WHEN WX IS NO LONGER A FACTOR, ACFT PROCEEDS ON COURSE. NO OTHER ACFT APPARENTLY AFFECTED BY WX DIVERSION. PLTS PERCEIVE CTLR IS TRYING TO INTIMIDATE FLC.
Narrative: CLRED RTE ETX DIRECT RAV J64 CIVET. TSTMS JUST N OF RAV. ENRTE FROM ETX TO RAV, REQUESTED AND RECEIVED CLRNC FOR 20 DEG L OF COURSE TO AVOID WX. SHORTLY AFTER THAT, CTR BEGAN ASKING US TO TURN BACK TO RAV. WE ASKED TO REMAIN ON OUR PRESENT HDG. A TURN TOWARD RAV WOULD HAVE PUT US WITHIN 20 NM OF A STRONG (RED) RADAR ECHO. THERE WERE NO TARGETS ON OUR TCASII AT THIS TIME. CTLR THEN SAID IF WE DID NOT TURN TO RAV AT THIS TIME, THEN WE SHOULD SQUAWK EMER. WE ASKED 'WHY?' BECAUSE THERE WAS NO EMER. THEN WE WERE INFORMED THAT ATC HAD DECLARED AN EMER FOR US. OUR SQUAWK REMAINED THE SAME AND A FEW MINS LATER WE WERE ABLE TO TURN TOWARD RAV WITH A SAFE DISTANCE BTWN OUR ACFT AND DIRECT THE TSTM. NOTHING MORE WAS SAID ABOUT THE EMER. SUSPECTED CAUSE: CTLR OVERLOAD. RATHER THAN COORDINATE WITH THE NEXT SECTOR, THE CTLR TRIED TO BULLY US INTO WHAT WE CONSIDERED AN UNSAFE FLT CONDITION. NORMALLY, CTLRS NEGOTIATE REGARDING WX AVOIDANCE. AN ATC CLRNC REQUIRES ISSUANCE AND AN ACCEPTANCE -- WE DID NOT ACCEPT THE TURN BACK TOWARD RAV. THE CTLR WAS TOO IMPATIENT TO HELP US FIND A SAFE RTE OF FLT.
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.