MD80 crew experienced conflict with ATC instruction due to WX.

Attributes
ACN	580717
Time
Date	200305
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : cew.vortac
State Reference	FL
Altitude	msl single value : 31000
Environment
Weather Elements	Thunderstorm
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zjx.artcc tower : lft.tower
Operator	common carrier : air carrier
Make Model Name	MD-80 Super 80
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zjx.artcc
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	descent : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
ASRS Report	580717
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
ASRS Report	580823
Events
Anomaly	inflight encounter : weather non adherence : clearance other spatial deviation
Independent Detector	other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : took precautionary avoidance action
Supplementary
Problem Areas	ATC Human Performance Weather Flight Crew Human Performance
Primary Problem	Weather

Narrative:

We were south of cew on a 250 degree heading to get around several large thunderstorms. Center had an emergency aircraft at our 12 O'clock position that was about to descend through our altitude. ATC told us to turn 20 degrees right which we did. They then came back and told us to turn an additional 20 degrees right which we did. At this point we had the other aircraft visually and TCASII showed him at our 9-10 O'clock position and about 11 mi and at our altitude and descending. ATC then told us to turn right to a 090 degree heading. We told him we could not accept that as it would put us in the storm. We got no response from ATC as he was very busy. We turned right to a heading of 320 degrees and told him what we were doing. Again we got no response. About the time we rolled out on the 320 degree heading he asked if we were in our turn to 090 degrees. We again told him we could not accept that due to the WX. He then told us to turn left to 270 degrees and proceed direct to aex when able. We proceeded with no other problems. I felt that if I had accepted the 090 degrees heading I would have put my aircraft in danger. Also we had a visual on the other aircraft. We were at least 10 mi apart and our courses were diverging.

Original NASA ASRS Text

Title: MD80 CREW EXPERIENCED CONFLICT WITH ATC INSTRUCTION DUE TO WX.

Narrative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

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.