Narrative:

I turned the aircraft to avoid a thunder cell. Could not get a word to ZTL due to continuous talking. On jul/fri/00 on flight out of cha to ord, it seems I may have injured someone's ego. The flight was climbing out of 7000 ft on a heading (I do not seem to recall the number of the heading) into a thunder cell or a buildup. ATC was continually talking -- so much in fact that I could not get a word in for some time. The EMJ145 moves at 7 NM per min -- the cell was less than 5 mi. That's not much time to situation and wait for permission. I looked at the TCASII above and below and saw nothing for 80 mi. I directed the first officer to turn to a heading of 060 degrees, which kept us marginally clear of the cell. When the frequency settled down and I could get a word in, I checked on with my heading and altitude. The controller was taken aback by this information and said 'you're doing what?' I replied that we were on a 060 degree heading for WX. It seemed this did not situation well with this controller. No further clrncs were issued. The controller then advised me that I was supposed to contact him first for any deviations. I told him I would keep it under advisement. His reply 'you better!' it seemed that I was being threatened by an air traffic controller. I don't understand -- what would you want me to do? Go through a level 5 thunderstorm until I could get permission from a person who is on the ground, in a nice building? Choice #2 is to make the turn, knowing that it is safe to turn, and avoid the thunderstorm with no injuries to the passenger or the aircraft. I do know that there are times, due to traffic saturation, that it is almost impossible to get turns. However, this was not one of those times. There were only 2 people on the frequency. I did nothing wrong. I speculate that there is a power struggle going on and the only move is not to play, not when people's lives are hanging in the balance.

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Original NASA ASRS Text

Title: E145 CREW WAS REQUIRED TO DEVIATE AROUND A TSTM WITHOUT CLRNC.

Narrative: I TURNED THE ACFT TO AVOID A THUNDER CELL. COULD NOT GET A WORD TO ZTL DUE TO CONTINUOUS TALKING. ON JUL/FRI/00 ON FLT OUT OF CHA TO ORD, IT SEEMS I MAY HAVE INJURED SOMEONE'S EGO. THE FLT WAS CLBING OUT OF 7000 FT ON A HDG (I DO NOT SEEM TO RECALL THE NUMBER OF THE HDG) INTO A THUNDER CELL OR A BUILDUP. ATC WAS CONTINUALLY TALKING -- SO MUCH IN FACT THAT I COULD NOT GET A WORD IN FOR SOME TIME. THE EMJ145 MOVES AT 7 NM PER MIN -- THE CELL WAS LESS THAN 5 MI. THAT'S NOT MUCH TIME TO SIT AND WAIT FOR PERMISSION. I LOOKED AT THE TCASII ABOVE AND BELOW AND SAW NOTHING FOR 80 MI. I DIRECTED THE FO TO TURN TO A HDG OF 060 DEGS, WHICH KEPT US MARGINALLY CLR OF THE CELL. WHEN THE FREQ SETTLED DOWN AND I COULD GET A WORD IN, I CHKED ON WITH MY HDG AND ALT. THE CTLR WAS TAKEN ABACK BY THIS INFO AND SAID 'YOU'RE DOING WHAT?' I REPLIED THAT WE WERE ON A 060 DEG HDG FOR WX. IT SEEMED THIS DID NOT SIT WELL WITH THIS CTLR. NO FURTHER CLRNCS WERE ISSUED. THE CTLR THEN ADVISED ME THAT I WAS SUPPOSED TO CONTACT HIM FIRST FOR ANY DEVS. I TOLD HIM I WOULD KEEP IT UNDER ADVISEMENT. HIS REPLY 'YOU BETTER!' IT SEEMED THAT I WAS BEING THREATENED BY AN AIR TFC CTLR. I DON'T UNDERSTAND -- WHAT WOULD YOU WANT ME TO DO? GO THROUGH A LEVEL 5 TSTM UNTIL I COULD GET PERMISSION FROM A PERSON WHO IS ON THE GND, IN A NICE BUILDING? CHOICE #2 IS TO MAKE THE TURN, KNOWING THAT IT IS SAFE TO TURN, AND AVOID THE TSTM WITH NO INJURIES TO THE PAX OR THE ACFT. I DO KNOW THAT THERE ARE TIMES, DUE TO TFC SATURATION, THAT IT IS ALMOST IMPOSSIBLE TO GET TURNS. HOWEVER, THIS WAS NOT ONE OF THOSE TIMES. THERE WERE ONLY 2 PEOPLE ON THE FREQ. I DID NOTHING WRONG. I SPECULATE THAT THERE IS A PWR STRUGGLE GOING ON AND THE ONLY MOVE IS NOT TO PLAY, NOT WHEN PEOPLE'S LIVES ARE HANGING IN THE BAL.

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.