Narrative:

We were operating from iad to cvg. We departed iad at XA02 on mar/fri/02. We were rerouted due to WX over hnn instead of hvq and then the sweed arrival into cvg. About the time we reached elkins (ekn) we were xferred to ZID by ZDC. At that time a bolt of lightning flashed immediately in front of us revealing a very large well-developed thunderstorm cell that was not showing on our WX radar. I immediately turned right to avoid the storm and told the other pilot to advise ATC of our right deviation for WX. Unfortunately, at that time, the other pilot was having difficulty getting ZID so he switched back to ZDC. ZDC advised us to make an immediate left turn to an assigned heading. We immediately complied, even though it still put us in close proximity with the cell, and then he asked us if we wanted to declare an emergency. We declined since the situation was no longer an emergency to us. We were advised that we deviated from our assigned flight plan and he again asked if we wanted to declare an emergency. We did not respond. We were then passed to another controller. If pilots have to declare emergencys in order to turn to avoid severe WX the ATC system is going to be encumbered with mountains of paperwork and loss of control of the airspace. I am concerned that pilots will become proactive about legally protecting themselves by overusing their emergency authority/authorized and the burden of proof will rest with ATC.

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Original NASA ASRS Text

Title: PLTS DEVIATE FOR WX. UNABLE TO CONTACT ATC FOR CLRNC TO DEVIATE.

Narrative: WE WERE OPERATING FROM IAD TO CVG. WE DEPARTED IAD AT XA02 ON MAR/FRI/02. WE WERE REROUTED DUE TO WX OVER HNN INSTEAD OF HVQ AND THEN THE SWEED ARR INTO CVG. ABOUT THE TIME WE REACHED ELKINS (EKN) WE WERE XFERRED TO ZID BY ZDC. AT THAT TIME A BOLT OF LIGHTNING FLASHED IMMEDIATELY IN FRONT OF US REVEALING A VERY LARGE WELL-DEVELOPED TSTM CELL THAT WAS NOT SHOWING ON OUR WX RADAR. I IMMEDIATELY TURNED R TO AVOID THE STORM AND TOLD THE OTHER PLT TO ADVISE ATC OF OUR R DEV FOR WX. UNFORTUNATELY, AT THAT TIME, THE OTHER PLT WAS HAVING DIFFICULTY GETTING ZID SO HE SWITCHED BACK TO ZDC. ZDC ADVISED US TO MAKE AN IMMEDIATE L TURN TO AN ASSIGNED HDG. WE IMMEDIATELY COMPLIED, EVEN THOUGH IT STILL PUT US IN CLOSE PROX WITH THE CELL, AND THEN HE ASKED US IF WE WANTED TO DECLARE AN EMER. WE DECLINED SINCE THE SIT WAS NO LONGER AN EMER TO US. WE WERE ADVISED THAT WE DEVIATED FROM OUR ASSIGNED FLT PLAN AND HE AGAIN ASKED IF WE WANTED TO DECLARE AN EMER. WE DID NOT RESPOND. WE WERE THEN PASSED TO ANOTHER CTLR. IF PLTS HAVE TO DECLARE EMERS IN ORDER TO TURN TO AVOID SEVERE WX THE ATC SYS IS GOING TO BE ENCUMBERED WITH MOUNTAINS OF PAPERWORK AND LOSS OF CTL OF THE AIRSPACE. I AM CONCERNED THAT PLTS WILL BECOME PROACTIVE ABOUT LEGALLY PROTECTING THEMSELVES BY OVERUSING THEIR EMER AUTH AND THE BURDEN OF PROOF WILL REST WITH ATC.

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.