Narrative:

We encountered continuous moderate, approaching severe, turbulence. After repeated unsuccessful attempts to get a clearance to climb, we exercised emergency authority/authorized, declared an emergency, and climbed without a clearance to FL370. I believed the safety of the aircraft was in jeopardy. We were, however, in contact with gander and made numerous reports about our position on HF. We also made reports on 123.45 to other aircraft. We were told by gander we were the only aircraft on nat a, and we used TCASII to confirm we were clear of other aircraft. All passenger and crew were in their seats with seatbelts fastened. No injuries or damage to the aircraft were reported. FL370 smoothed out and we were finally able to be reclred at FL370. The entire event lasted around 20 mins. It wasn't until after the incident and things settled down that I realized we did not properly declare the emergency using ICAO standard radio phraseology. Concerned about this after the fact, I called gander using an air phone via dispatch. I discussed the situation with the shift manager. He was sympathetic, and told me he understood our situation. He advised me he was adding to the record we had declared an emergency. In the heat of the battle, this was a mistake we made. I had my hands full trying to keep the aircraft safe and in positive control. Supplemental information from acn 609915: flight encountered continuous light to moderate turbulence from W045, requested climb to FL370 to exit turbulence. Gander frequency was busy with position reports. First officer acting as PIC and PF exercised emergency authority/authorized for safety of flight in order to exit continuous moderate turbulence as he felt it may become severe due to altitude and altdevs being experienced. Continued to advise gander radio of climb on HF. Gander radio finally acknowledged and relayed altitude change to ATC and then relayed back a clearance to climb and maintain FL370. Supplemental information from acn 609914: I returned to the cockpit after my crew break and was advised by the first officer that an ATC flight deviation had occurred due to moderate to severe turbulence. He advised me that a climb from FL350 to FL370 had taken place without clearance from gander. Dispatch was advised of the turbulence and deviation.

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Original NASA ASRS Text

Title: ALT EXCURSION BY A B767-300 FLT CREW ON AN EXTENDED OVERWATER OP. CREW REALIZED AFTER THE DEV THAT THEIR ACTIONS AND STATEMENTS OF AN EMER WERE NOT IN KEEPING WITH ICAO PHRASEOLOGY WHILE ON FREQ WITH GANDER RADIO, CZQX, NF.

Narrative: WE ENCOUNTERED CONTINUOUS MODERATE, APCHING SEVERE, TURB. AFTER REPEATED UNSUCCESSFUL ATTEMPTS TO GET A CLRNC TO CLB, WE EXERCISED EMER AUTH, DECLARED AN EMER, AND CLBED WITHOUT A CLRNC TO FL370. I BELIEVED THE SAFETY OF THE ACFT WAS IN JEOPARDY. WE WERE, HOWEVER, IN CONTACT WITH GANDER AND MADE NUMEROUS RPTS ABOUT OUR POS ON HF. WE ALSO MADE RPTS ON 123.45 TO OTHER ACFT. WE WERE TOLD BY GANDER WE WERE THE ONLY ACFT ON NAT A, AND WE USED TCASII TO CONFIRM WE WERE CLR OF OTHER ACFT. ALL PAX AND CREW WERE IN THEIR SEATS WITH SEATBELTS FASTENED. NO INJURIES OR DAMAGE TO THE ACFT WERE RPTED. FL370 SMOOTHED OUT AND WE WERE FINALLY ABLE TO BE RECLRED AT FL370. THE ENTIRE EVENT LASTED AROUND 20 MINS. IT WASN'T UNTIL AFTER THE INCIDENT AND THINGS SETTLED DOWN THAT I REALIZED WE DID NOT PROPERLY DECLARE THE EMER USING ICAO STANDARD RADIO PHRASEOLOGY. CONCERNED ABOUT THIS AFTER THE FACT, I CALLED GANDER USING AN AIR PHONE VIA DISPATCH. I DISCUSSED THE SIT WITH THE SHIFT MGR. HE WAS SYMPATHETIC, AND TOLD ME HE UNDERSTOOD OUR SIT. HE ADVISED ME HE WAS ADDING TO THE RECORD WE HAD DECLARED AN EMER. IN THE HEAT OF THE BATTLE, THIS WAS A MISTAKE WE MADE. I HAD MY HANDS FULL TRYING TO KEEP THE ACFT SAFE AND IN POSITIVE CTL. SUPPLEMENTAL INFO FROM ACN 609915: FLT ENCOUNTERED CONTINUOUS LIGHT TO MODERATE TURB FROM W045, REQUESTED CLB TO FL370 TO EXIT TURB. GANDER FREQ WAS BUSY WITH POS RPTS. FO ACTING AS PIC AND PF EXERCISED EMER AUTH FOR SAFETY OF FLT IN ORDER TO EXIT CONTINUOUS MODERATE TURB AS HE FELT IT MAY BECOME SEVERE DUE TO ALT AND ALTDEVS BEING EXPERIENCED. CONTINUED TO ADVISE GANDER RADIO OF CLB ON HF. GANDER RADIO FINALLY ACKNOWLEDGED AND RELAYED ALT CHANGE TO ATC AND THEN RELAYED BACK A CLRNC TO CLB AND MAINTAIN FL370. SUPPLEMENTAL INFO FROM ACN 609914: I RETURNED TO THE COCKPIT AFTER MY CREW BREAK AND WAS ADVISED BY THE FO THAT AN ATC FLT DEV HAD OCCURRED DUE TO MODERATE TO SEVERE TURB. HE ADVISED ME THAT A CLB FROM FL350 TO FL370 HAD TAKEN PLACE WITHOUT CLRNC FROM GANDER. DISPATCH WAS ADVISED OF THE TURB AND DEV.

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.