B757-200 crew had departure controller insist that they fly through a thunderstorm that their WX radar showed as unsafe.

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Attributes
ACN	524589
Time
Date	200109
Day	Mon
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : n90.tracon
State Reference	NY
Altitude	msl single value : 6000
Environment
Weather Elements	Thunderstorm
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon tower : zzz.tower
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	climbout : intermediate altitude
Route In Use	departure : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	524589
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	inflight encounter : weather inflight encounter other other anomaly other
Independent Detector	other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : declared emergency other
Consequence	other
Supplementary
Problem Areas	ATC Human Performance FAA
Primary Problem	ATC Human Performance
Situations
ATC Facility	procedure or policy : n90.tracon

Narrative:

After departing runway 22 at ewr we were vectored to a 360 degree heading. The controller fist asked us what easterly heading we could take. We responded with a southeast heading. The controller stated that we were not going to do that what we were going to do is go straight east. This would put us into an area of severe weather indicated on our radar. We declined his turn and offered present heading for 22 mi then east. The controller then stated that no we were not going to do that. He had been sending aircraft through that same hole with no problem and if we were not going ot do that he was declaring an emergency and taking us back to ewr. We accepted a westerly heading from him and a frequency change. On the new frequency I informed the new controller our intention was to be vectored around the WX and continue southbound on course. This controller stated that this is what he was attempting to do. This controller was able to approve a heading through an opening in the line of WX that we could see on our radar. We continued enroute without further problems.

Original NASA ASRS Text

Title: B757-200 CREW HAD DEP CTLR INSIST THAT THEY FLY THROUGH A TSTM THAT THEIR WX RADAR SHOWED AS UNSAFE.

Narrative: AFTER DEPARTING RWY 22 AT EWR WE WERE VECTORED TO A 360 DEG HEADING. THE CTLR FIST ASKED US WHAT EASTERLY HEADING WE COULD TAKE. WE RESPONDED WITH A SOUTHEAST HEADING. THE CTLR STATED THAT WE WERE NOT GOING TO DO THAT WHAT WE WERE GOING TO DO IS GO STRAIGHT EAST. THIS WOULD PUT US INTO AN AREA OF SEVERE WEATHER INDICATED ON OUR RADAR. WE DECLINED HIS TURN AND OFFERED PRESENT HEADING FOR 22 MI THEN EAST. THE CTLR THEN STATED THAT NO WE WERE NOT GOING TO DO THAT. HE HAD BEEN SENDING ACFT THROUGH THAT SAME HOLE WITH NO PROBLEM AND IF WE WERE NOT GOING OT DO THAT HE WAS DECLARING AN EMERGENCY AND TAKING US BACK TO EWR. WE ACCEPTED A WESTERLY HEADING FROM HIM AND A FREQ CHANGE. ON THE NEW FREQ I INFORMED THE NEW CTLR OUR INTENTION WAS TO BE VECTORED AROUND THE WX AND CONTINUE SOUTHBOUND ON COURSE. THIS CTLR STATED THAT THIS IS WHAT HE WAS ATTEMPTING TO DO. THIS CTLR WAS ABLE TO APPROVE A HEADING THROUGH AN OPENING IN THE LINE OF WX THAT WE COULD SEE ON OUR RADAR. WE CONTINUED ENROUTE WITHOUT FURTHER PROBLEMS.

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.