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Air carrier on descent at 13000 ft requested turn for WX; ATC denied; flight crew declared emergency and executed turn; ATC disagreed with flight crew actions.
| Attributes | |
| ACN | 798388 |
| Time | |
| Date | 200808 |
| Local Time Of Day | 1201 To 1800 |
| Place | |
| Locale Reference | intersection : zzzzz |
| State Reference | US |
| Altitude | msl single value : 13000 |
| Environment | |
| Light | Daylight |
| 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 | descent : approach |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : first officer |
| Experience | flight time last 90 days : 234 flight time type : 1400 |
| ASRS Report | 798388 |
| Person 2 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : atp |
| Experience | flight time last 90 days : 212 flight time type : 8000 |
| ASRS Report | 798386 |
| Events | |
| Anomaly | inflight encounter : weather non adherence : clearance other spatial deviation |
| Independent Detector | other flight crewa other flight crewb |
| Resolutory Action | none taken : anomaly accepted |
| Supplementary | |
| Problem Areas | ATC Human Performance Weather |
| Primary Problem | ATC Human Performance |
Narrative:
ATC provided a vector towards a thunderstorm over zzzzz intersection with the promise of a turn to the east prior to the WX. No turn was provided by ATC prior to aircraft arriving at WX. ATC frequency congestion prevented a request for a turn to the east. A turn was initiated prior to penetrating the WX and ATC was notified at the first available opportunity. ATC asked if we had penetrated the WX. We replied we had not; but would have if we had not initiated the turn when we did. ATC said; 'he disagreed.' he gave us a heading that would have resulted in entering the WX. PF (captain) declared an emergency and said we were turning to the east. ATC advised crew to contact tower for a possible pilot deviation. A turn to a 080 degree heading was provided by ATC and the flight continued without incident. After landing; ramp control had no knowledge of the incident nor of any need to contact tower. Less congestion on the ATC frequency would have prevented the situation from developing.
Original NASA ASRS Text
Title: ACR ON DESCENT AT 13000 FT REQUESTED TURN FOR WX; ATC DENIED; FLT CREW DECLARED EMER AND EXECUTED TURN; ATC DISAGREED WITH FLT CREW ACTIONS.
Narrative: ATC PROVIDED A VECTOR TOWARDS A TSTM OVER ZZZZZ INTXN WITH THE PROMISE OF A TURN TO THE E PRIOR TO THE WX. NO TURN WAS PROVIDED BY ATC PRIOR TO ACFT ARRIVING AT WX. ATC FREQ CONGESTION PREVENTED A REQUEST FOR A TURN TO THE E. A TURN WAS INITIATED PRIOR TO PENETRATING THE WX AND ATC WAS NOTIFIED AT THE FIRST AVAILABLE OPPORTUNITY. ATC ASKED IF WE HAD PENETRATED THE WX. WE REPLIED WE HAD NOT; BUT WOULD HAVE IF WE HAD NOT INITIATED THE TURN WHEN WE DID. ATC SAID; 'HE DISAGREED.' HE GAVE US A HDG THAT WOULD HAVE RESULTED IN ENTERING THE WX. PF (CAPT) DECLARED AN EMER AND SAID WE WERE TURNING TO THE E. ATC ADVISED CREW TO CONTACT TWR FOR A POSSIBLE PLTDEV. A TURN TO A 080 DEG HDG WAS PROVIDED BY ATC AND THE FLT CONTINUED WITHOUT INCIDENT. AFTER LNDG; RAMP CTL HAD NO KNOWLEDGE OF THE INCIDENT NOR OF ANY NEED TO CONTACT TWR. LESS CONGESTION ON THE ATC FREQ WOULD HAVE PREVENTED THE SITUATION FROM DEVELOPING.
Data retrieved from NASA's ASRS site as of May 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.