Departing bwi, a regional jet flight crew challenge pct departure controller to turn due to WX, taki...

Attributes
ACN	610628
Time
Date	200403
Day	Sat
Place
Locale Reference	atc facility : pct.tracon
State Reference	VA
Altitude	msl bound lower : 9000 msl bound upper : 9400
Aircraft 1
Controlling Facilities	tracon : pct.tracon
Operator	common carrier : air carrier
Make Model Name	Embraer Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	610678
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : multi engine pilot : instrument
ASRS Report	610629
Events
Anomaly	altitude deviation : excursion from assigned altitude inflight encounter : weather inflight encounter : turbulence non adherence : clearance other spatial deviation
Independent Detector	other flight crewa
Resolutory Action	controller : issued advisory flight crew : exited adverse environment flight crew : returned to assigned altitude flight crew : took precautionary avoidance action
Supplementary
Problem Areas	ATC Human Performance Environmental Factor Weather Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Took off runway 28 at bwi. ATC gave us a heading toward some WX and cleared us to 9000 ft. We made the turn and told them we couldn't stay on the heading very long. Shortly later, I told ATC we needed to turn left to avoid the WX. They responded 'not just yet.' we waited a little longer and told ATC we had to turn left to avoid WX. He was very busy and didn't respond. We got to the point where we had to turn or we would fly into the WX, so we turned left and advised ATC of the turn. They said, 'roger, let me know when you can turn right on course.' we were experiencing continuous moderate turbulence from shortly after takeoff. When we got to a heading away from the WX, I noticed that we were climbing through 9400 ft. I advised the PF (first officer) of his altitude and he expeditiously returned to 9000 ft. ATC then gave us a climb clearance to a higher altitude. ATC never did question the altitude deviation. Supplemental information from acn 610629: departed bwi after 2 ground stops. We started to encounter moderate to severe turbulence. We told them we needed to turn. They still said we could not turn. We were heading right for the storm. Finally we agreed to turn to get away from the storm. In the midst of fighting with ATC and the moderate to severe turbulence of the storm, I missed my altitude of 9000 ft by 500 ft.

Original NASA ASRS Text

Title: DEPARTING BWI, A REGIONAL JET FLT CREW CHALLENGE PCT DEP CTLR TO TURN DUE TO WX, TAKING PRECAUTIONARY WX AVOIDANCE ACTION, INADVERTENTLY CLBING ABOVE ASSIGNED ALT.

Narrative: TOOK OFF RWY 28 AT BWI. ATC GAVE US A HDG TOWARD SOME WX AND CLRED US TO 9000 FT. WE MADE THE TURN AND TOLD THEM WE COULDN'T STAY ON THE HDG VERY LONG. SHORTLY LATER, I TOLD ATC WE NEEDED TO TURN L TO AVOID THE WX. THEY RESPONDED 'NOT JUST YET.' WE WAITED A LITTLE LONGER AND TOLD ATC WE HAD TO TURN L TO AVOID WX. HE WAS VERY BUSY AND DIDN'T RESPOND. WE GOT TO THE POINT WHERE WE HAD TO TURN OR WE WOULD FLY INTO THE WX, SO WE TURNED L AND ADVISED ATC OF THE TURN. THEY SAID, 'ROGER, LET ME KNOW WHEN YOU CAN TURN R ON COURSE.' WE WERE EXPERIENCING CONTINUOUS MODERATE TURB FROM SHORTLY AFTER TKOF. WHEN WE GOT TO A HDG AWAY FROM THE WX, I NOTICED THAT WE WERE CLBING THROUGH 9400 FT. I ADVISED THE PF (FO) OF HIS ALT AND HE EXPEDITIOUSLY RETURNED TO 9000 FT. ATC THEN GAVE US A CLB CLRNC TO A HIGHER ALT. ATC NEVER DID QUESTION THE ALTDEV. SUPPLEMENTAL INFO FROM ACN 610629: DEPARTED BWI AFTER 2 GND STOPS. WE STARTED TO ENCOUNTER MODERATE TO SEVERE TURB. WE TOLD THEM WE NEEDED TO TURN. THEY STILL SAID WE COULD NOT TURN. WE WERE HEADING RIGHT FOR THE STORM. FINALLY WE AGREED TO TURN TO GET AWAY FROM THE STORM. IN THE MIDST OF FIGHTING WITH ATC AND THE MODERATE TO SEVERE TURB OF THE STORM, I MISSED MY ALT OF 9000 FT BY 500 FT.

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.

Departing bwi, a regional jet flight crew challenge pct departure controller to turn due to WX, taking precautionary WX avoidance action, inadvertently climbing above assigned altitude.