Air carrier flight crew reports using captain's emergency authority to deviate around thunderstorms ...

Attributes
ACN	891634
Time
Date	201005
Local Time Of Day	1201-1800
Place
Locale Reference	ZNY.ARTCC
State Reference	NY
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	Cruise
Flight Plan	IFR
Person 1
Function	Pilot Not Flying First Officer
Qualification	Flight Crew Air Transport Pilot (ATP)
Person 2
Function	Pilot Flying Relief Pilot
Qualification	Flight Crew Air Transport Pilot (ATP)
Events
Anomaly	Deviation - Procedural Clearance Deviation - Track / Heading All Types Inflight Event / Encounter Weather / Turbulence

Narrative:

I was the first officer on this trip. I was on my scheduled rest break in the crew rest seat when this incident occurred. This is my understanding according to the captain/relief officer; how the incident unfolded. A line of thunderstorms were overlying our route of flight between fixes borex and perdo. I requested a climb to FL380; which was denied and then requested a 40 NM deviation to the west of course to avoid the weather which was also denied by ATC via HF radio. At 40 NM north of borex we deviated west of course for 30 NM using captain's emergency authority. We were unable to get ATC clearance to climb or turn west and we were given as clearance to turn east and descend to FL320. That clearance would have put us in the midst of two large cells and we were unable to go that direction due to the severity of the weather in that area. The occurrence was at FL340. I advised ATC that we were using emergency authority and deviating to the west and also reported to them we were back on course. I called dispatch on satcom to advise that we exercised emergency authority and where the weather was located to warn other flights of the hazards enroute.

Original NASA ASRS Text

Title: Air Carrier flight Crew reports using Captain's emergency authority to deviate around thunderstorms on Airway L453 when a clearance could not be obtained from ZNY.

Narrative: I was the First Officer on this trip. I was on my scheduled rest break in the crew rest seat when this incident occurred. This is my understanding according to the Captain/Relief Officer; how the incident unfolded. A line of thunderstorms were overlying our route of flight between fixes BOREX and PERDO. I requested a climb to FL380; which was denied and then requested a 40 NM deviation to the west of course to avoid the weather which was also denied by ATC via HF radio. At 40 NM north of BOREX we deviated west of course for 30 NM using Captain's emergency authority. We were unable to get ATC clearance to climb or turn west and we were given as clearance to turn east and descend to FL320. That clearance would have put us in the midst of two large cells and we were unable to go that direction due to the severity of the weather in that area. The occurrence was at FL340. I advised ATC that we were using emergency authority and deviating to the west and also reported to them we were back on course. I called Dispatch on SATCOM to advise that we exercised emergency authority and where the weather was located to warn other flights of the hazards enroute.

Data retrieved from NASA's ASRS site as of April 2012 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.

Air carrier flight crew reports using captain's emergency authority to deviate around thunderstorms on airway L453 when a clearance could not be obtained from ZNY.