Narrative:

We had flown from bct to tlh to pick up passenger and fuel, and then proceeded toward dal. On arrival in tlh, we noted that the tops of the clouds were approximately 3500 ft MSL with twring cumulus clouds northwest through north through east. We broke out at approximately 1500 ft AGL and landed on runway 27. After refueling and boarding passenger, we departed tlh on runway 18 with an initial clearance of runway heading to maintain 10000 ft. After departure, tlh departure amended our altitude to maintain 3000 ft. After a very short delay, we were cleared via a right turn, direct to mai VOR per center request (approximately 330 degree heading) and climb to and maintain 10000 ft. We were then handed off to ZJX (we don't recall the frequency) and were cleared to climb and maintain FL200. During the climb, we were handed off to ZJX on 134.45. We had to call twice before receiving a response and then called 3 times to request/notify of our intentions to deviate left for severe WX in our flight path and to the right of us with no reply from ZJX. At this point we were on a 300 degree heading, climbing through approximately 17000 ft and ZJX called back and said that we could proceed on our present heading but would have to turn right to a heading of 360 degrees in 8 mi. ATC also stated that we could not proceed left to V521. My first officer stated that we could not turn right due to severe WX. (By the time ZJX finally answered our initial intention to deviate, right turns were no longer an option.) ATC challenged us and asked if we were refusing an ATC clearance and I stated that I would not accept a clearance into severe WX and stated that I was going to immediately perform a left 180 degree turn to avoid the WX (as is taught in basic flight training through ATP training). ZJX then stated 'I understand that you are refusing an ATC clearance, squawk 7700, emergency, and contact ZJX.' we contacted center and were assigned heading 090 degrees. ZJX then did a good job of working us up to altitude as soon as traffic permitted and then on course after flying approximately 110 NM southeast. It should be noted that once cleared into class a airspace, it was inappropriate to be issued a clearance with reference to victor airways. When we were approximately 1/2 way through our left turn, I held our FMS position for later review and the coordinates were N30 23.65/W084 44.74. This is very close to brits intersection, which is on V521. After reviewing the low altitude chart for the area, it was discovered that the tyndall MOA airspace upper boundary was 18000 ft (not including FL180). I do not believe that we ever penetration the tyndall MOA, but that if we did, it was justified considering the lack of timely response from ZJX and our immediate attention to the developing situation. I believe that as a flight crew, we did all we could to operate safely and that if ZJX had communicated with us in a timelier manner, we could have avoided the situation altogether.

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Original NASA ASRS Text

Title: PLT OF AN ATX LEAR JET, LR60, REFUSED ACCEPTING HDG BY ARTCC CTLR DUE TO PENETRATION OF TSTM. THEREFORE, RPTR WAS HANDLED AS AN EMER AND GIVEN ANOTHER HDG.

Narrative: WE HAD FLOWN FROM BCT TO TLH TO PICK UP PAX AND FUEL, AND THEN PROCEEDED TOWARD DAL. ON ARR IN TLH, WE NOTED THAT THE TOPS OF THE CLOUDS WERE APPROX 3500 FT MSL WITH TWRING CUMULUS CLOUDS NW THROUGH N THROUGH E. WE BROKE OUT AT APPROX 1500 FT AGL AND LANDED ON RWY 27. AFTER REFUELING AND BOARDING PAX, WE DEPARTED TLH ON RWY 18 WITH AN INITIAL CLRNC OF RWY HDG TO MAINTAIN 10000 FT. AFTER DEP, TLH DEP AMENDED OUR ALT TO MAINTAIN 3000 FT. AFTER A VERY SHORT DELAY, WE WERE CLRED VIA A R TURN, DIRECT TO MAI VOR PER CTR REQUEST (APPROX 330 DEG HDG) AND CLB TO AND MAINTAIN 10000 FT. WE WERE THEN HANDED OFF TO ZJX (WE DON'T RECALL THE FREQ) AND WERE CLRED TO CLB AND MAINTAIN FL200. DURING THE CLB, WE WERE HANDED OFF TO ZJX ON 134.45. WE HAD TO CALL TWICE BEFORE RECEIVING A RESPONSE AND THEN CALLED 3 TIMES TO REQUEST/NOTIFY OF OUR INTENTIONS TO DEVIATE L FOR SEVERE WX IN OUR FLT PATH AND TO THE R OF US WITH NO REPLY FROM ZJX. AT THIS POINT WE WERE ON A 300 DEG HDG, CLBING THROUGH APPROX 17000 FT AND ZJX CALLED BACK AND SAID THAT WE COULD PROCEED ON OUR PRESENT HDG BUT WOULD HAVE TO TURN R TO A HDG OF 360 DEGS IN 8 MI. ATC ALSO STATED THAT WE COULD NOT PROCEED L TO V521. MY FO STATED THAT WE COULD NOT TURN R DUE TO SEVERE WX. (BY THE TIME ZJX FINALLY ANSWERED OUR INITIAL INTENTION TO DEVIATE, R TURNS WERE NO LONGER AN OPTION.) ATC CHALLENGED US AND ASKED IF WE WERE REFUSING AN ATC CLRNC AND I STATED THAT I WOULD NOT ACCEPT A CLRNC INTO SEVERE WX AND STATED THAT I WAS GOING TO IMMEDIATELY PERFORM A L 180 DEG TURN TO AVOID THE WX (AS IS TAUGHT IN BASIC FLT TRAINING THROUGH ATP TRAINING). ZJX THEN STATED 'I UNDERSTAND THAT YOU ARE REFUSING AN ATC CLRNC, SQUAWK 7700, EMER, AND CONTACT ZJX.' WE CONTACTED CTR AND WERE ASSIGNED HDG 090 DEGS. ZJX THEN DID A GOOD JOB OF WORKING US UP TO ALT AS SOON AS TFC PERMITTED AND THEN ON COURSE AFTER FLYING APPROX 110 NM SE. IT SHOULD BE NOTED THAT ONCE CLRED INTO CLASS A AIRSPACE, IT WAS INAPPROPRIATE TO BE ISSUED A CLRNC WITH REF TO VICTOR AIRWAYS. WHEN WE WERE APPROX 1/2 WAY THROUGH OUR L TURN, I HELD OUR FMS POS FOR LATER REVIEW AND THE COORDINATES WERE N30 23.65/W084 44.74. THIS IS VERY CLOSE TO BRITS INTXN, WHICH IS ON V521. AFTER REVIEWING THE LOW ALT CHART FOR THE AREA, IT WAS DISCOVERED THAT THE TYNDALL MOA AIRSPACE UPPER BOUNDARY WAS 18000 FT (NOT INCLUDING FL180). I DO NOT BELIEVE THAT WE EVER PENETRATION THE TYNDALL MOA, BUT THAT IF WE DID, IT WAS JUSTIFIED CONSIDERING THE LACK OF TIMELY RESPONSE FROM ZJX AND OUR IMMEDIATE ATTN TO THE DEVELOPING SIT. I BELIEVE THAT AS A FLC, WE DID ALL WE COULD TO OPERATE SAFELY AND THAT IF ZJX HAD COMMUNICATED WITH US IN A TIMELIER MANNER, WE COULD HAVE AVOIDED THE SIT ALTOGETHER.

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.