Narrative:

The day started at XA35 at ZZZ1 airport. Clearance to lga was received indicating an edct of XC49. After discussing the clearance with the crew; passenger; and station operations; it was decided to taxi out and wait for the departure time. As we were waiting; we were notified that the edct had been canceled because a ground stop had been issued; and our departure time was indefinite. At approximately XC15 we were notified that the ground stop had been lifted; and we had a new edct of XD43. We discussed this between ourselves; dispatch; and operations; and decided to taxi back to the gate to take on additional fuel; as we had used almost all our allotted holding fuel waiting to depart. After we fueled; we were notified that our time had been moved up to XD36 and we departed at that time for lga. The first hour of the flight was uneventful. As we approached etk; there were multiple lines of strong storms that we had to cross to get into lga. We landed safely in lga at XF20. After deplaning the arriving passenger; we contacted dispatch and discussed the WX and routing back to ZZZ1. It was decided to hold off boarding because all west departure gates were closed; and the minimum wait time for departure wbound was 3 hours. At approximately XG45 we again discussed the situation with dispatch and operations; and decided to board up and taxi out. Many flts had canceled; and gate space was needed. We closed the door and blocked out at XH16. Our originally cleared route was lga 1 SID whitestone climb gayel. Approximately XH50 we received a new clearance that gave us the route lga 1 SID maspeth climb eliot. We received clearance to start up the engines and taxi around XI10. Just after starting the #1 engine; ground informed us that the previous departures over eliot had refused the route once airborne; and that we might get another rerte. We did not; however; receive one prior to be handed over to the tower controller. We queried tower and were told that the last couple aircraft that had departed over eliot were getting out without problems; and with only minor deviations. We took the runway and departed at XI29. The maspeth climb off of runway 13 is an immediate right turn to a heading of 180 degrees; then another right turn at 4.1 DME off of lga to a heading of 340 degrees. As we completed the right turn to 180 degrees; we saw multiple strong to severe storms on the radar display. They were showing yellow; red; and purple on the screen at both the 5 and 12.5 mi range. The captain requested a left turn to avoid the worst of the cells; which the first officer immediately asked departure for. During this request the captain banked the aircraft slightly left to avoid a cell. New york departure strongly refused the request for the deviation; saying that we would have strayed into the arrival path for jfk. Upon hearing this; the captain immediately turned the aircraft right to follow the SID and to try to avoid the large cell directly ahead of our flight path. When the first officer reported to the controller that we were turning right; the controller stated; 'if you cannot comply with the SID; don't depart.' the first officer informed him that there was no way to see the WX from the ground; and that we were complying with the SID at that time. The controller then gave us updated WX information; which was the first time that any new WX information was made available to us since we took the runway in lga. Total deviation to the left of course was less than 1/2 mi; and for less than 10 seconds. We continued to climb on the SID and ATC instructions; encountering heavy rain; moderate turbulence; and frequent lightning. Jfk was utilizing runway 22L at the time for arrs; which was the furthest approach corridor from lga. No further comments were received from any controllers.

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Original NASA ASRS Text

Title: ERJ-170 DEPARTING LGA; DEVIATED FROM SID TO AVOID WX. REQUEST FOR DEVIATION WAS DENIED BY ATC; AND FLT CREW RETURNED TO COURSE.

Narrative: THE DAY STARTED AT XA35 AT ZZZ1 ARPT. CLRNC TO LGA WAS RECEIVED INDICATING AN EDCT OF XC49. AFTER DISCUSSING THE CLRNC WITH THE CREW; PAX; AND STATION OPS; IT WAS DECIDED TO TAXI OUT AND WAIT FOR THE DEP TIME. AS WE WERE WAITING; WE WERE NOTIFIED THAT THE EDCT HAD BEEN CANCELED BECAUSE A GND STOP HAD BEEN ISSUED; AND OUR DEP TIME WAS INDEFINITE. AT APPROX XC15 WE WERE NOTIFIED THAT THE GND STOP HAD BEEN LIFTED; AND WE HAD A NEW EDCT OF XD43. WE DISCUSSED THIS BTWN OURSELVES; DISPATCH; AND OPS; AND DECIDED TO TAXI BACK TO THE GATE TO TAKE ON ADDITIONAL FUEL; AS WE HAD USED ALMOST ALL OUR ALLOTTED HOLDING FUEL WAITING TO DEPART. AFTER WE FUELED; WE WERE NOTIFIED THAT OUR TIME HAD BEEN MOVED UP TO XD36 AND WE DEPARTED AT THAT TIME FOR LGA. THE FIRST HR OF THE FLT WAS UNEVENTFUL. AS WE APCHED ETK; THERE WERE MULTIPLE LINES OF STRONG STORMS THAT WE HAD TO CROSS TO GET INTO LGA. WE LANDED SAFELY IN LGA AT XF20. AFTER DEPLANING THE ARRIVING PAX; WE CONTACTED DISPATCH AND DISCUSSED THE WX AND ROUTING BACK TO ZZZ1. IT WAS DECIDED TO HOLD OFF BOARDING BECAUSE ALL W DEP GATES WERE CLOSED; AND THE MINIMUM WAIT TIME FOR DEP WBOUND WAS 3 HRS. AT APPROX XG45 WE AGAIN DISCUSSED THE SIT WITH DISPATCH AND OPS; AND DECIDED TO BOARD UP AND TAXI OUT. MANY FLTS HAD CANCELED; AND GATE SPACE WAS NEEDED. WE CLOSED THE DOOR AND BLOCKED OUT AT XH16. OUR ORIGINALLY CLRED RTE WAS LGA 1 SID WHITESTONE CLB GAYEL. APPROX XH50 WE RECEIVED A NEW CLRNC THAT GAVE US THE RTE LGA 1 SID MASPETH CLB ELIOT. WE RECEIVED CLRNC TO START UP THE ENGS AND TAXI AROUND XI10. JUST AFTER STARTING THE #1 ENG; GND INFORMED US THAT THE PREVIOUS DEPS OVER ELIOT HAD REFUSED THE RTE ONCE AIRBORNE; AND THAT WE MIGHT GET ANOTHER RERTE. WE DID NOT; HOWEVER; RECEIVE ONE PRIOR TO BE HANDED OVER TO THE TWR CTLR. WE QUERIED TWR AND WERE TOLD THAT THE LAST COUPLE ACFT THAT HAD DEPARTED OVER ELIOT WERE GETTING OUT WITHOUT PROBS; AND WITH ONLY MINOR DEVS. WE TOOK THE RWY AND DEPARTED AT XI29. THE MASPETH CLB OFF OF RWY 13 IS AN IMMEDIATE R TURN TO A HDG OF 180 DEGS; THEN ANOTHER R TURN AT 4.1 DME OFF OF LGA TO A HDG OF 340 DEGS. AS WE COMPLETED THE R TURN TO 180 DEGS; WE SAW MULTIPLE STRONG TO SEVERE STORMS ON THE RADAR DISPLAY. THEY WERE SHOWING YELLOW; RED; AND PURPLE ON THE SCREEN AT BOTH THE 5 AND 12.5 MI RANGE. THE CAPT REQUESTED A L TURN TO AVOID THE WORST OF THE CELLS; WHICH THE FO IMMEDIATELY ASKED DEP FOR. DURING THIS REQUEST THE CAPT BANKED THE ACFT SLIGHTLY L TO AVOID A CELL. NEW YORK DEP STRONGLY REFUSED THE REQUEST FOR THE DEV; SAYING THAT WE WOULD HAVE STRAYED INTO THE ARR PATH FOR JFK. UPON HEARING THIS; THE CAPT IMMEDIATELY TURNED THE ACFT R TO FOLLOW THE SID AND TO TRY TO AVOID THE LARGE CELL DIRECTLY AHEAD OF OUR FLT PATH. WHEN THE FO RPTED TO THE CTLR THAT WE WERE TURNING R; THE CTLR STATED; 'IF YOU CANNOT COMPLY WITH THE SID; DON'T DEPART.' THE FO INFORMED HIM THAT THERE WAS NO WAY TO SEE THE WX FROM THE GND; AND THAT WE WERE COMPLYING WITH THE SID AT THAT TIME. THE CTLR THEN GAVE US UPDATED WX INFO; WHICH WAS THE FIRST TIME THAT ANY NEW WX INFO WAS MADE AVAILABLE TO US SINCE WE TOOK THE RWY IN LGA. TOTAL DEV TO THE L OF COURSE WAS LESS THAN 1/2 MI; AND FOR LESS THAN 10 SECONDS. WE CONTINUED TO CLB ON THE SID AND ATC INSTRUCTIONS; ENCOUNTERING HVY RAIN; MODERATE TURB; AND FREQUENT LIGHTNING. JFK WAS UTILIZING RWY 22L AT THE TIME FOR ARRS; WHICH WAS THE FURTHEST APCH CORRIDOR FROM LGA. NO FURTHER COMMENTS WERE RECEIVED FROM ANY CTLRS.

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.