Narrative:

Executed missed approach at 2;500 ft while flying in moderate turbulence; heavy rain; low level wind shear (LLWS); with gains and losses of over 20 KTS in icing conditions at night. We were trying to maintain aircraft control by climbing out of the intense adverse weather when we noticed we were above the published missed approach altitude of 3;000 ft; while flying the published missed approach routing. During the climb out at 5;000 ft; we finally got into contact with center and advised them of our altitude deviation and requested a higher altitude. We were then assigned 7;000 ft. We knew we were the only aircraft in the area at the time. As we continued the missed approach profile; I determined that it was best to exercise my captain's emergency authority and get the aircraft into more controllable air. I did not declare an emergency over the radio; because I didn't feel it was appropriate. We then diverted to another airport. Enroute to the divert airport we were told to contact center by telephone. Once on the ground; I spoke to mr. X who advised me that the airspace above 3;000 in the published missed approach was not for us to use; unless specifically requested and cleared for. He informed me that no one was using the airspace at the time; and to next time to adhere to published procedures until relieved.on descent center advised us of a new center weather area advisory for moderate to severe turbulence; heavy rain and LLWS. Dispatch advised that there were no pireps to support the forecast/advisory from center. I think better radar on board the aircraft or a better real time ground based radar available to the pilots would help pilots interpret or prevent flight into undesirable air. We then wouldn't have flown into this weather pattern and wouldn't have flown the missed approach. None the less; better review of the missed approach altitude; also would have prevented the altitude deviation; by alerting us of the limited airspace allotted to the published missed approach procedure. I think raising the missed approach altitude would give us the ability to depart the low lying weather phenomena instead of holding us down in it.

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Original NASA ASRS Text

Title: B737-400 flight crew reports executing a missed approach from 2;500 FT due to moderate turbulence and heavy rain then continuing the climb above missed approach altitude; without clearance; to get out of the weather. Upon checking in with Center they are admonished for doing so.

Narrative: Executed missed approach at 2;500 FT while flying in moderate turbulence; heavy rain; Low Level Wind Shear (LLWS); with gains and losses of over 20 KTS in icing conditions at night. We were trying to maintain aircraft control by climbing out of the intense adverse weather when we noticed we were above the published missed approach altitude of 3;000 FT; while flying the published missed approach routing. During the climb out at 5;000 FT; we finally got into contact with Center and advised them of our altitude deviation and requested a higher altitude. We were then assigned 7;000 FT. We knew we were the only aircraft in the area at the time. As we continued the missed approach profile; I determined that it was best to exercise my Captain's Emergency Authority and get the aircraft into more controllable air. I did not declare an emergency over the radio; because I didn't feel it was appropriate. We then diverted to another airport. Enroute to the divert airport we were told to contact Center by telephone. Once on the ground; I spoke to Mr. X who advised me that the airspace above 3;000 in the published missed approach was not for us to use; unless specifically requested and cleared for. He informed me that no one was using the airspace at the time; and to next time to adhere to published procedures until relieved.On descent Center advised us of a new center weather area advisory for moderate to severe turbulence; heavy rain and LLWS. Dispatch advised that there were no PIREPs to support the forecast/advisory from Center. I think better Radar on board the aircraft or a better real time ground based Radar available to the pilots would help pilots interpret or prevent flight into undesirable air. We then wouldn't have flown into this weather pattern and wouldn't have flown the missed approach. None the less; better review of the missed approach altitude; also would have prevented the altitude deviation; by alerting us of the limited airspace allotted to the published missed approach procedure. I think raising the missed approach altitude would give us the ability to depart the low lying weather phenomena instead of holding us down in it.

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.