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B737 flight crew must declare emergency to deviate around thunderstorms while departing the area due to ATC refusal to grant heading change.
| Attributes | |
| ACN | 762731 |
| Time | |
| Date | 200711 |
| Local Time Of Day | 1801 To 2400 |
| Place | |
| Locale Reference | airport : zzz.airport |
| State Reference | US |
| Altitude | msl single value : 10000 |
| Environment | |
| Light | Night |
| Aircraft 1 | |
| Controlling Facilities | tracon : zzz.tracon |
| Operator | common carrier : air carrier |
| Make Model Name | B737-300 |
| Operating Under FAR Part | Part 121 |
| Flight Phase | climbout : intermediate altitude |
| Route In Use | departure : on vectors |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Experience | flight time last 90 days : 146 flight time type : 18000 |
| ASRS Report | 762731 |
| Person 2 | |
| Affiliation | government : faa |
| Function | controller : departure |
| Events | |
| Anomaly | inflight encounter : weather |
| Independent Detector | aircraft equipment other aircraft equipment : weather radar other flight crewa |
| Resolutory Action | flight crew : declared emergency flight crew : took precautionary avoidance action |
| Supplementary | |
| Problem Areas | ATC Human Performance Flight Crew Human Performance Weather |
| Primary Problem | Weather |
| Situations | |
| ATC Facility | procedure or policy : c90.tracon staffing : c90.tracon |
Narrative:
We were climbing out of ZZZ. There were radar echoes (thunderstorms) at our 12 O'clock position. We were on an assigned heading of 270 degrees by departure control. Approximately 25 mi prior to the WX; we requested a deviation to the left. Departure did not respond to our first request. The controller appeared to be 'combined' and working multiple frequencys. Just prior to entering the WX (storms) I elected to deviate 30 degrees to the left. We again requested the deviation clearance from ATC. When they did answer us; they summarily denied the request due to traffic. I immediately squawked 7700 on the transponder and advised the controller that we would in fact be deviating due to the WX. There was no apparent TCAS traffic within about 40 mi in the direction of the deviation. The controller then stated that we were no longer in his airspace and that we should contact center. We called center and advised the that we were deviating. They immediately said that we were unable to deviate due to traffic. I guess about then he saw our transponder and asked if we had declared an emergency. I advised that we had and were deviating 30 degrees left. Just about that time we were clearing the WX. We advised that we were through with the deviation. We were cleared on course and landed uneventfully. I feel the combining of frequencys hampered our efforts to coordination a deviation in a timely manner. Additionally; it is my belief that the attitude of both controllers was defiant instead of helpful. It was more or less like; fine; that's not gonna happen (the deviation). 'You're going to do what you're told.' I frankly believe it is up to the pilots to not compromise the safety of the flight because of poor handling. It shouldn't have to come to this; but in certain instances; declaring an emergency and exercising authority/authorized over them seems to be the only remedy short of flying into a thunderstorm. In fairness to ATC in general; most controllers do their utmost to accommodate our request. ZZZ is a little unique due to the traffic volumes.
Original NASA ASRS Text
Title: B737 FLT CREW MUST DECLARE EMERGENCY TO DEVIATE AROUND THUNDERSTORMS WHILE DEPARTING THE AREA DUE TO ATC REFUSAL TO GRANT HEADING CHANGE.
Narrative: WE WERE CLBING OUT OF ZZZ. THERE WERE RADAR ECHOES (TSTMS) AT OUR 12 O'CLOCK POS. WE WERE ON AN ASSIGNED HDG OF 270 DEGS BY DEP CTL. APPROX 25 MI PRIOR TO THE WX; WE REQUESTED A DEV TO THE L. DEP DID NOT RESPOND TO OUR FIRST REQUEST. THE CTLR APPEARED TO BE 'COMBINED' AND WORKING MULTIPLE FREQS. JUST PRIOR TO ENTERING THE WX (STORMS) I ELECTED TO DEVIATE 30 DEGS TO THE L. WE AGAIN REQUESTED THE DEV CLRNC FROM ATC. WHEN THEY DID ANSWER US; THEY SUMMARILY DENIED THE REQUEST DUE TO TFC. I IMMEDIATELY SQUAWKED 7700 ON THE XPONDER AND ADVISED THE CTLR THAT WE WOULD IN FACT BE DEVIATING DUE TO THE WX. THERE WAS NO APPARENT TCAS TFC WITHIN ABOUT 40 MI IN THE DIRECTION OF THE DEV. THE CTLR THEN STATED THAT WE WERE NO LONGER IN HIS AIRSPACE AND THAT WE SHOULD CONTACT CTR. WE CALLED CTR AND ADVISED THE THAT WE WERE DEVIATING. THEY IMMEDIATELY SAID THAT WE WERE UNABLE TO DEVIATE DUE TO TFC. I GUESS ABOUT THEN HE SAW OUR XPONDER AND ASKED IF WE HAD DECLARED AN EMER. I ADVISED THAT WE HAD AND WERE DEVIATING 30 DEGS L. JUST ABOUT THAT TIME WE WERE CLRING THE WX. WE ADVISED THAT WE WERE THROUGH WITH THE DEV. WE WERE CLRED ON COURSE AND LANDED UNEVENTFULLY. I FEEL THE COMBINING OF FREQS HAMPERED OUR EFFORTS TO COORD A DEV IN A TIMELY MANNER. ADDITIONALLY; IT IS MY BELIEF THAT THE ATTITUDE OF BOTH CTLRS WAS DEFIANT INSTEAD OF HELPFUL. IT WAS MORE OR LESS LIKE; FINE; THAT'S NOT GONNA HAPPEN (THE DEV). 'YOU'RE GOING TO DO WHAT YOU'RE TOLD.' I FRANKLY BELIEVE IT IS UP TO THE PLTS TO NOT COMPROMISE THE SAFETY OF THE FLT BECAUSE OF POOR HANDLING. IT SHOULDN'T HAVE TO COME TO THIS; BUT IN CERTAIN INSTANCES; DECLARING AN EMER AND EXERCISING AUTH OVER THEM SEEMS TO BE THE ONLY REMEDY SHORT OF FLYING INTO A TSTM. IN FAIRNESS TO ATC IN GENERAL; MOST CTLRS DO THEIR UTMOST TO ACCOMMODATE OUR REQUEST. ZZZ IS A LITTLE UNIQUE DUE TO THE TFC VOLUMES.
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.