A B757 flight crew has to declare an emergency to enter military airspace to avoid WX.

Attributes
ACN	588932
Time
Date	200307
Day	Mon
Place
Locale Reference	atc facility : zma.artcc
State Reference	FL
Environment
Weather Elements	Thunderstorm
Aircraft 1
Controlling Facilities	artcc : zma.artcc
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	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
ASRS Report	588932
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	inflight encounter : weather
Independent Detector	other flight crewa
Resolutory Action	flight crew : declared emergency
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance FAA Environmental Factor Airspace Structure ATC Human Performance Weather
Primary Problem	Airspace Structure

Narrative:

ZMA cleared us to deviate west around WX. Very large, heavy intensity activity located from pie to southern tip of florida, and east almost to east coast of florida. Handed off to next ZMA controller, and he advised that warning areas were hot, and that we could not continue deviating west, we would have to deviate east. I advised mia that there was an extremely large area of intense WX to the east, making an easterly deviation impossible. The controller replied that we had no choice, except to squawk emergency if we insisted on continuing on a westerly deviation. I squawked emergency, and continued with the westerly deviation. Please note: I am not faulting the controller, I think he was boxed in due to the inflexibility of the military use of his airspace. I suggested that he should advise the military to get the heck out of there so that the commercial aircraft could use the airspace as needed. He replied that the military wasn't budging. I sure do think that commercial airliners should be given priority over the military when severe WX is a factor!

Original NASA ASRS Text

Title: A B757 FLT CREW HAS TO DECLARE AN EMER TO ENTER MIL AIRSPACE TO AVOID WX.

Narrative: ZMA CLRED US TO DEVIATE W AROUND WX. VERY LARGE, HVY INTENSITY ACTIVITY LOCATED FROM PIE TO SOUTHERN TIP OF FLORIDA, AND E ALMOST TO E COAST OF FLORIDA. HANDED OFF TO NEXT ZMA CTLR, AND HE ADVISED THAT WARNING AREAS WERE HOT, AND THAT WE COULD NOT CONTINUE DEVIATING W, WE WOULD HAVE TO DEVIATE E. I ADVISED MIA THAT THERE WAS AN EXTREMELY LARGE AREA OF INTENSE WX TO THE E, MAKING AN EASTERLY DEV IMPOSSIBLE. THE CTLR REPLIED THAT WE HAD NO CHOICE, EXCEPT TO SQUAWK EMER IF WE INSISTED ON CONTINUING ON A WESTERLY DEV. I SQUAWKED EMER, AND CONTINUED WITH THE WESTERLY DEV. PLEASE NOTE: I AM NOT FAULTING THE CTLR, I THINK HE WAS BOXED IN DUE TO THE INFLEXIBILITY OF THE MIL USE OF HIS AIRSPACE. I SUGGESTED THAT HE SHOULD ADVISE THE MIL TO GET THE HECK OUT OF THERE SO THAT THE COMMERCIAL ACFT COULD USE THE AIRSPACE AS NEEDED. HE REPLIED THAT THE MIL WASN'T BUDGING. I SURE DO THINK THAT COMMERCIAL AIRLINERS SHOULD BE GIVEN PRIORITY OVER THE MIL WHEN SEVERE WX IS A FACTOR!

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.