CL601 flight crew refuses ZKC descent clearance due to WX.

Attributes
ACN	456934
Time
Date	199912
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sus.airport
State Reference	MO
Altitude	msl single value : 37000
Environment
Flight Conditions	VMC
Weather Elements	Thunderstorm
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zkc.artcc
Operator	general aviation : personal
Make Model Name	Challenger CL601
Operating Under FAR Part	Part 91
Navigation In Use	other
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 30 flight time total : 8100 flight time type : 30
ASRS Report	456934
Person 2
Affiliation	other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	inflight encounter : weather non adherence : clearance non adherence : published procedure other anomaly other
Independent Detector	other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : took precautionary avoidance action other
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	ATC Human Performance Flight Crew Human Performance Weather
Primary Problem	ATC Human Performance

Narrative:

A line of thunderstorms were approximately 30-40 mi before us with tops reported at FL350. We were told to descend to FL330 and I requested pilot's discretion so we could clear the tops of the WX. Center denied the request and told us to descend. The captain then requested the same and again was told no. He then said he was unable to descend since that would put the safety of the ship in jeopardy. The controller was not happy with this and we were told to call the center when we landed. Whether the captain did this I do not know. I also do not understand the adversarial relationship that all too often crops up between pilots and ATC. We were acting in accordance to far 91.3 and the center was not cooperating. There were sigmets issued in the area and our radar was indicating areas of attenuation in front of us. In the end, we were allowed to clear the WX and we received vectors. It all could have been handled with a little spirit of cooperation.

Original NASA ASRS Text

Title: CL601 FLC REFUSES ZKC DSCNT CLRNC DUE TO WX.

Narrative: A LINE OF TSTMS WERE APPROX 30-40 MI BEFORE US WITH TOPS RPTED AT FL350. WE WERE TOLD TO DSND TO FL330 AND I REQUESTED PLT'S DISCRETION SO WE COULD CLR THE TOPS OF THE WX. CTR DENIED THE REQUEST AND TOLD US TO DSND. THE CAPT THEN REQUESTED THE SAME AND AGAIN WAS TOLD NO. HE THEN SAID HE WAS UNABLE TO DSND SINCE THAT WOULD PUT THE SAFETY OF THE SHIP IN JEOPARDY. THE CTLR WAS NOT HAPPY WITH THIS AND WE WERE TOLD TO CALL THE CTR WHEN WE LANDED. WHETHER THE CAPT DID THIS I DO NOT KNOW. I ALSO DO NOT UNDERSTAND THE ADVERSARIAL RELATIONSHIP THAT ALL TOO OFTEN CROPS UP BTWN PLTS AND ATC. WE WERE ACTING IN ACCORDANCE TO FAR 91.3 AND THE CTR WAS NOT COOPERATING. THERE WERE SIGMETS ISSUED IN THE AREA AND OUR RADAR WAS INDICATING AREAS OF ATTENUATION IN FRONT OF US. IN THE END, WE WERE ALLOWED TO CLR THE WX AND WE RECEIVED VECTORS. IT ALL COULD HAVE BEEN HANDLED WITH A LITTLE SPIRIT OF COOPERATION.

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.