37000 Feet | Browse and search NASA's Aviation Safety Reporting System |
|
Attributes | |
ACN | 699226 |
Time | |
Date | 200605 |
Local Time Of Day | 1201 To 1800 |
Place | |
Locale Reference | navaid : psb.vortac |
State Reference | PA |
Altitude | msl single value : 25000 |
Environment | |
Flight Conditions | IMC |
Weather Elements | Turbulence Thunderstorm |
Light | Daylight |
Aircraft 1 | |
Controlling Facilities | artcc : zny.artcc |
Operator | general aviation : corporate |
Make Model Name | Conquest I/Conquest II |
Operating Under FAR Part | Part 91 |
Flight Phase | cruise : level |
Route In Use | enroute : on vectors |
Flight Plan | IFR |
Person 1 | |
Affiliation | company : corporate |
Function | flight crew : captain oversight : pic |
Qualification | pilot : instrument pilot : commercial pilot : multi engine |
Experience | flight time last 90 days : 140 flight time total : 4950 flight time type : 3400 |
ASRS Report | 699226 |
Person 2 | |
Affiliation | company : corporate |
Function | flight crew : first officer |
Events | |
Anomaly | inflight encounter : weather inflight encounter : turbulence |
Independent Detector | other flight crewa |
Resolutory Action | none taken : anomaly accepted |
Consequence | faa : reviewed incident with flight crew |
Supplementary | |
Problem Areas | Flight Crew Human Performance Weather ATC Human Performance |
Primary Problem | Ambiguous |
Narrative:
We were flying out of avp; and given a course direct destination; the controller told us that we were to fly a final altitude of 16000 ft. We indicated to him that we couldn't do that due to our fuel reserve; and WX; we had to be above FL240 or FL280; our filed altitude to make the appropriate reserve. We were then given the route of direct psb; djb and then destination. The following controller on 128.57 told us direct psb; we indicated to him that we couldn't do that at the moment due to a cell around psb; we needed a 280 degree heading or 300 degree heading; to avoid the cells. As we were given higher he kept on trying to turn us into the cell; we stated that we could fly a southern for a while but we couldn't go towards psb where the cell was. We requested higher; which was given to us; but he wanted us to turn toward the psb VOR where the cell was; once again we stated that we couldn't fly toward the cell but if we could get higher we could overfly the cell and go direct to psb and at least FL260 or higher. We were denied that and told to turn to a 240 degree heading; which would have put us into the cell within a few mi. We told him we only could do that for a while. He told us to turn to a 110 degree heading. Obviously; this is the opposite direction. I guess that was to punish us. We started the turn while at FL250 and we made a turn less that a standard rate to avoid the cell that we just went around. Then while turning through a 310 degree heading from 240 degree heading; we were asked what heading were we going through. We told him and he told us to immediately descend to FL240 because there was a traffic leveled at FL260 that was flying above the WX; with no problem; we descended to the altitude and asked if we needed to stay on that heading or keep turning. After asking various times; he came back to us and told us in a very enraged way that we endangered the aircraft above us; to which I replied that he was trying to endanger the safety of our aircraft; crew and passenger; by not recognizing that we needed to avoid WX. He then proceeded on threatening us telling us that he was going to pull the tape and start an investigation. To which again I stated 'go ahead please; and could you give me a phone number where I could talk to a manger;' and he did. As soon as we landed; I called the center and talked to mr X; he didn't want to specify last name; who said thanks for calling but he was not going to pull any tape for now. We discussed each other's point of view. It basically came down to; he apparently didn't know I was requesting a vector for WX. He told me next time; accept the heading then to declare an emergency if the controller does not allow you to turn to a heading because of WX. Lesson learned: there is no point arguing that you need a different heading for WX if they are not willing to help; turn to the heading and then declare an emergency because the controller is to make us fly into the thunderstorm. In my past 15 yrs of flying controled airspace; I have never experienced that attitude from a controller. We needed the altitude to go above the WX so we could avoid the storm; that was denied; we could only turn to avoid the cells in front of us. The majority of accidents are due to WX; thunderstorms are a fearsome machine in the sky that can take down any aircraft. If we do not avoid them; we will become a statistic on a safety report on thunderstorm avoidance. The crew of this aircraft was not willing to accept that; for that I will always argue; but next time we will ask once; then explain; then comply and then declare an emergency. Then the controller will have to take care of the situation on our time.
Original NASA ASRS Text
Title: CE441 PLT EXPERIENCES COM DIFFICULTIES WITH A CTLR WHILE ATTEMPTING TO AVOID WX.
Narrative: WE WERE FLYING OUT OF AVP; AND GIVEN A COURSE DIRECT DEST; THE CTLR TOLD US THAT WE WERE TO FLY A FINAL ALT OF 16000 FT. WE INDICATED TO HIM THAT WE COULDN'T DO THAT DUE TO OUR FUEL RESERVE; AND WX; WE HAD TO BE ABOVE FL240 OR FL280; OUR FILED ALT TO MAKE THE APPROPRIATE RESERVE. WE WERE THEN GIVEN THE RTE OF DIRECT PSB; DJB AND THEN DEST. THE FOLLOWING CTLR ON 128.57 TOLD US DIRECT PSB; WE INDICATED TO HIM THAT WE COULDN'T DO THAT AT THE MOMENT DUE TO A CELL AROUND PSB; WE NEEDED A 280 DEG HDG OR 300 DEG HDG; TO AVOID THE CELLS. AS WE WERE GIVEN HIGHER HE KEPT ON TRYING TO TURN US INTO THE CELL; WE STATED THAT WE COULD FLY A SOUTHERN FOR A WHILE BUT WE COULDN'T GO TOWARDS PSB WHERE THE CELL WAS. WE REQUESTED HIGHER; WHICH WAS GIVEN TO US; BUT HE WANTED US TO TURN TOWARD THE PSB VOR WHERE THE CELL WAS; ONCE AGAIN WE STATED THAT WE COULDN'T FLY TOWARD THE CELL BUT IF WE COULD GET HIGHER WE COULD OVERFLY THE CELL AND GO DIRECT TO PSB AND AT LEAST FL260 OR HIGHER. WE WERE DENIED THAT AND TOLD TO TURN TO A 240 DEG HDG; WHICH WOULD HAVE PUT US INTO THE CELL WITHIN A FEW MI. WE TOLD HIM WE ONLY COULD DO THAT FOR A WHILE. HE TOLD US TO TURN TO A 110 DEG HDG. OBVIOUSLY; THIS IS THE OPPOSITE DIRECTION. I GUESS THAT WAS TO PUNISH US. WE STARTED THE TURN WHILE AT FL250 AND WE MADE A TURN LESS THAT A STANDARD RATE TO AVOID THE CELL THAT WE JUST WENT AROUND. THEN WHILE TURNING THROUGH A 310 DEG HDG FROM 240 DEG HDG; WE WERE ASKED WHAT HDG WERE WE GOING THROUGH. WE TOLD HIM AND HE TOLD US TO IMMEDIATELY DSND TO FL240 BECAUSE THERE WAS A TFC LEVELED AT FL260 THAT WAS FLYING ABOVE THE WX; WITH NO PROB; WE DSNDED TO THE ALT AND ASKED IF WE NEEDED TO STAY ON THAT HDG OR KEEP TURNING. AFTER ASKING VARIOUS TIMES; HE CAME BACK TO US AND TOLD US IN A VERY ENRAGED WAY THAT WE ENDANGERED THE ACFT ABOVE US; TO WHICH I REPLIED THAT HE WAS TRYING TO ENDANGER THE SAFETY OF OUR ACFT; CREW AND PAX; BY NOT RECOGNIZING THAT WE NEEDED TO AVOID WX. HE THEN PROCEEDED ON THREATENING US TELLING US THAT HE WAS GOING TO PULL THE TAPE AND START AN INVESTIGATION. TO WHICH AGAIN I STATED 'GO AHEAD PLEASE; AND COULD YOU GIVE ME A PHONE NUMBER WHERE I COULD TALK TO A MANGER;' AND HE DID. AS SOON AS WE LANDED; I CALLED THE CTR AND TALKED TO MR X; HE DIDN'T WANT TO SPECIFY LAST NAME; WHO SAID THANKS FOR CALLING BUT HE WAS NOT GOING TO PULL ANY TAPE FOR NOW. WE DISCUSSED EACH OTHER'S POINT OF VIEW. IT BASICALLY CAME DOWN TO; HE APPARENTLY DIDN'T KNOW I WAS REQUESTING A VECTOR FOR WX. HE TOLD ME NEXT TIME; ACCEPT THE HDG THEN TO DECLARE AN EMER IF THE CTLR DOES NOT ALLOW YOU TO TURN TO A HDG BECAUSE OF WX. LESSON LEARNED: THERE IS NO POINT ARGUING THAT YOU NEED A DIFFERENT HDG FOR WX IF THEY ARE NOT WILLING TO HELP; TURN TO THE HDG AND THEN DECLARE AN EMER BECAUSE THE CTLR IS TO MAKE US FLY INTO THE TSTM. IN MY PAST 15 YRS OF FLYING CTLED AIRSPACE; I HAVE NEVER EXPERIENCED THAT ATTITUDE FROM A CTLR. WE NEEDED THE ALT TO GO ABOVE THE WX SO WE COULD AVOID THE STORM; THAT WAS DENIED; WE COULD ONLY TURN TO AVOID THE CELLS IN FRONT OF US. THE MAJORITY OF ACCIDENTS ARE DUE TO WX; TSTMS ARE A FEARSOME MACHINE IN THE SKY THAT CAN TAKE DOWN ANY ACFT. IF WE DO NOT AVOID THEM; WE WILL BECOME A STATISTIC ON A SAFETY RPT ON TSTM AVOIDANCE. THE CREW OF THIS ACFT WAS NOT WILLING TO ACCEPT THAT; FOR THAT I WILL ALWAYS ARGUE; BUT NEXT TIME WE WILL ASK ONCE; THEN EXPLAIN; THEN COMPLY AND THEN DECLARE AN EMER. THEN THE CTLR WILL HAVE TO TAKE CARE OF THE SITUATION ON OUR TIME.
Data retrieved from NASA's ASRS site as of January 2009 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.