C560 with ZMA at FL240 deviates around WX, without controller approval because of frequency congesti...

Attributes
ACN	637254
Time
Date	200411
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	intersection : permt
State Reference	FL
Altitude	msl bound lower : 23000 msl bound upper : 24000
Environment
Flight Conditions	VMC
Weather Elements	Thunderstorm Turbulence
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zma.artcc
Operator	general aviation : corporate
Make Model Name	Citation V
Operating Under FAR Part	Part 91
Flight Phase	cruise : enroute altitude change
Route In Use	enroute : atlantic enroute airway : a699.airway
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : first officer
Qualification	pilot : atp pilot : multi engine
Experience	flight time last 90 days : 180 flight time total : 7000 flight time type : 1000
ASRS Report	637254
Person 2
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Events
Anomaly	inflight encounter : turbulence inflight encounter : weather non adherence : clearance other spatial deviation
Independent Detector	other controllera other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance controller : separated traffic flight crew : took precautionary avoidance action
Consequence	faa : reviewed incident with flight crew other
Supplementary
Problem Areas	Flight Crew Human Performance Weather Environmental Factor ATC Human Performance Airspace Structure
Primary Problem	Weather

Narrative:

While on airway 699 to permt intersection at FL230 we saw a large build-up ahead. I called ZMA 133.40 requesting a deviation to avoid the build-up (we had gone through a smaller one shortly before that had moderate turbulence). ZMA came back but did not acknowledge our request but handed us off to next controller on 135.07 (also ZMA). ATC in this area was extremely busy but there were only a few build-ups here and there, ours just happened to be on the airway. The next frequency was just as busy as the first. After checking in with next controller I tried 3 times to request a deviation for WX, no acknowledgement. We were then just at the point where we were about to go into the WX and were given a climb to FL290. We started a very slow climb as the WX was just above us. I again requested deviation and got no response. (I don't believe I was being ignored, I just think I must have been stepping on the controller and others on this very congested frequency.) we reached permt intersection and instead of turning left onto airway my captain continued the left turn to 320 degrees to avoid the WX. We should have been heading about 017 degrees. After approximately 1 min ATC asked our heading. I told him 320 degrees due to WX. He was upset. I told him we had tried numerous times to request a deviation but were unable to get a response. He said that was no reason to deviate without permission due to the potential traffic conflict. About this time we were past the WX, he told us to turn right to 060 degrees and level off at FL240 (as we were close to FL240, we went up to FL242 ft for a moment). We were soon back on AR7 to dixon with no further problems. Contributing factor (to me this was the main factor): an inordinate amount of congestion on the frequency. Factors affecting the quality of human performance: one of our passenger was exceptionally concerned about the slightest bit of turbulence. Actions of inactions: I was not comfortable with such a large turn to the left without permission and did voice this concern but I feel I was not assertive enough.

Original NASA ASRS Text

Title: C560 WITH ZMA AT FL240 DEVIATES AROUND WX, WITHOUT CTLR APPROVAL BECAUSE OF FREQ CONGESTION AND NON RESPONSE AND IS QUESTIONED BY ATC.

Narrative: WHILE ON AIRWAY 699 TO PERMT INTXN AT FL230 WE SAW A LARGE BUILD-UP AHEAD. I CALLED ZMA 133.40 REQUESTING A DEV TO AVOID THE BUILD-UP (WE HAD GONE THROUGH A SMALLER ONE SHORTLY BEFORE THAT HAD MODERATE TURB). ZMA CAME BACK BUT DID NOT ACKNOWLEDGE OUR REQUEST BUT HANDED US OFF TO NEXT CTLR ON 135.07 (ALSO ZMA). ATC IN THIS AREA WAS EXTREMELY BUSY BUT THERE WERE ONLY A FEW BUILD-UPS HERE AND THERE, OURS JUST HAPPENED TO BE ON THE AIRWAY. THE NEXT FREQ WAS JUST AS BUSY AS THE FIRST. AFTER CHKING IN WITH NEXT CTLR I TRIED 3 TIMES TO REQUEST A DEV FOR WX, NO ACKNOWLEDGEMENT. WE WERE THEN JUST AT THE POINT WHERE WE WERE ABOUT TO GO INTO THE WX AND WERE GIVEN A CLB TO FL290. WE STARTED A VERY SLOW CLB AS THE WX WAS JUST ABOVE US. I AGAIN REQUESTED DEV AND GOT NO RESPONSE. (I DON'T BELIEVE I WAS BEING IGNORED, I JUST THINK I MUST HAVE BEEN STEPPING ON THE CTLR AND OTHERS ON THIS VERY CONGESTED FREQ.) WE REACHED PERMT INTXN AND INSTEAD OF TURNING L ONTO AIRWAY MY CAPT CONTINUED THE L TURN TO 320 DEGS TO AVOID THE WX. WE SHOULD HAVE BEEN HDG ABOUT 017 DEGS. AFTER APPROX 1 MIN ATC ASKED OUR HDG. I TOLD HIM 320 DEGS DUE TO WX. HE WAS UPSET. I TOLD HIM WE HAD TRIED NUMEROUS TIMES TO REQUEST A DEV BUT WERE UNABLE TO GET A RESPONSE. HE SAID THAT WAS NO REASON TO DEVIATE WITHOUT PERMISSION DUE TO THE POTENTIAL TFC CONFLICT. ABOUT THIS TIME WE WERE PAST THE WX, HE TOLD US TO TURN R TO 060 DEGS AND LEVEL OFF AT FL240 (AS WE WERE CLOSE TO FL240, WE WENT UP TO FL242 FT FOR A MOMENT). WE WERE SOON BACK ON AR7 TO DIXON WITH NO FURTHER PROBS. CONTRIBUTING FACTOR (TO ME THIS WAS THE MAIN FACTOR): AN INORDINATE AMOUNT OF CONGESTION ON THE FREQ. FACTORS AFFECTING THE QUALITY OF HUMAN PERFORMANCE: ONE OF OUR PAX WAS EXCEPTIONALLY CONCERNED ABOUT THE SLIGHTEST BIT OF TURB. ACTIONS OF INACTIONS: I WAS NOT COMFORTABLE WITH SUCH A LARGE TURN TO THE L WITHOUT PERMISSION AND DID VOICE THIS CONCERN BUT I FEEL I WAS NOT ASSERTIVE ENOUGH.

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.

C560 with ZMA at FL240 deviates around WX, without controller approval because of frequency congestion and non response and is questioned by ATC.