Narrative:

Departing dfw with quite a bit of WX in the area. After waiting in line for more than 1 hour, things started moving again. Tower advised that we were departing 20 mi in trail due to all the deviations. We took the runway (runway 18L) and didn't see anything particularly heavy along runway heading. Immediately after departure, the radar painted an area of heavy rain approximately 5 mi off the departure end. Upon contacting departure control, I had the first officer ask the controller for 30 degrees to the right for WX. He said 'unable, fly heading 185 degrees.' we told him we really needed a right turn for WX, and again we were denied. Finally, we informed the controller that we were in fact turning to avoid WX and would fly about a 250 degree heading now. He did not respond, so again we told him that we were flying a 250 degree heading, and received a comment we couldn't make out. After a couple of mins, we informed the controller that we now needed to come back to a more southwest heading. His response was 'no one else is having any problems with the WX.' at this point, I got on the radio and told him that I didn't care what anyone else was doing, that we had moderate to heavy rain and lightning on the nose and needed the turn. Immediately after that, a new controller got on the frequency and all was normal. There wasn't any traffic on the TCASII. We were 20 mi in trail and the frequency was almost dead of other traffic. The first officer and I talked about it during the rest of the flight, and both agreed that we were within moments of declaring an emergency.

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Original NASA ASRS Text

Title: WX AT DFW, TX, RESULTS IN AN ACR PLT USING HIS DISCRETION TO AVOID WX WHEN UNABLE TO GET CLRNC FOR WX AVOIDANCE.

Narrative: DEPARTING DFW WITH QUITE A BIT OF WX IN THE AREA. AFTER WAITING IN LINE FOR MORE THAN 1 HR, THINGS STARTED MOVING AGAIN. TWR ADVISED THAT WE WERE DEPARTING 20 MI IN TRAIL DUE TO ALL THE DEVS. WE TOOK THE RWY (RWY 18L) AND DIDN'T SEE ANYTHING PARTICULARLY HVY ALONG RWY HDG. IMMEDIATELY AFTER DEP, THE RADAR PAINTED AN AREA OF HVY RAIN APPROX 5 MI OFF THE DEP END. UPON CONTACTING DEP CTL, I HAD THE FO ASK THE CTLR FOR 30 DEGS TO THE R FOR WX. HE SAID 'UNABLE, FLY HDG 185 DEGS.' WE TOLD HIM WE REALLY NEEDED A R TURN FOR WX, AND AGAIN WE WERE DENIED. FINALLY, WE INFORMED THE CTLR THAT WE WERE IN FACT TURNING TO AVOID WX AND WOULD FLY ABOUT A 250 DEG HDG NOW. HE DID NOT RESPOND, SO AGAIN WE TOLD HIM THAT WE WERE FLYING A 250 DEG HDG, AND RECEIVED A COMMENT WE COULDN'T MAKE OUT. AFTER A COUPLE OF MINS, WE INFORMED THE CTLR THAT WE NOW NEEDED TO COME BACK TO A MORE SW HDG. HIS RESPONSE WAS 'NO ONE ELSE IS HAVING ANY PROBS WITH THE WX.' AT THIS POINT, I GOT ON THE RADIO AND TOLD HIM THAT I DIDN'T CARE WHAT ANYONE ELSE WAS DOING, THAT WE HAD MODERATE TO HVY RAIN AND LIGHTNING ON THE NOSE AND NEEDED THE TURN. IMMEDIATELY AFTER THAT, A NEW CTLR GOT ON THE FREQ AND ALL WAS NORMAL. THERE WASN'T ANY TFC ON THE TCASII. WE WERE 20 MI IN TRAIL AND THE FREQ WAS ALMOST DEAD OF OTHER TFC. THE FO AND I TALKED ABOUT IT DURING THE REST OF THE FLT, AND BOTH AGREED THAT WE WERE WITHIN MOMENTS OF DECLARING AN EMER.

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.