Narrative:

Situation was: our aircraft was departing kmlb, runway 27L. The airport was VFR, but WX in the area northwest of the airport. Central fl, (mlb area) was not under a tornado watch and SIGMET. Patrick approach control's radar was not working. An air carrier flight was southbound on V-3 at 4000 landing kmlb. Our ATC clearance was to intercept the mlb 306 degree right climb and maintain 5000 ft. Before departure we first requested heading of 240 degree to avoid west. Approach control denied. We then requested a heading of 360 degree after takeoff to avoid WX, patrick approach control denied this request. We then requested any pilot reports from aircraft departing to the northwest. We received 20 min old report from an air carrier had departed northwest with no problems. We departed kmlb turned north then intercepted the 306 degree right. On turning outbnd on the 306 degree right there was a medium size thunderstorm directly on the right. We requested a slight deviation north of course. Patrick denied our request, we said again a slight north of course was needed. We were told that we 'must get on the 306 and maintain 5000.' we told patrick that there was a thunderstorm center on 306 degree right and we would not fly into the storm, we were told to 'get on the 306 degree right mlb.' we declared a WX emergency advised patrick we were maintaining VFR, turning eastbound and maintain 2000 ft VFR. Our aircraft was now 5-7 mi north of kmlb 2000 ft VFR eastbound. An air carrier flight was on V-3, 25 north of mlb southbound into kmlb. Patrick told us to go to mlb VOR hold indefinitely. If we had turned directly to mlb VOR we would have been climbing on V-3. We requested holding on the mlb VOR 090 degree right at a 10 DME fix (VFR). Patrick denied this, told us to hold at capen intersection. Capen intersection is also on V-3, we still would have been climbing through V-3. We cancelled IFR remained eastbound at 2000 ft VFR, reported east of V-3 to patrick and the flight switched to mia center, climbed to 4500 ft received a new clearance and continued our flight IFR. Patrick approach had 3 things that they could not manage without radar, departing aircraft, southbound arriving aircraft,one quad of WX. When our request for a southwest heading then a northern heading was denied, we got a pilot report that the northwest departure was navigational and took off. We had to declare a WX emergency because we could not get a slight deviation. This is our local area, we know where V-3 is, this controller had no idea. We were forced to clear the area maintain VFR. Supplemental information from acn 171777. The clearance was cleared to the pueblo airport, direct orlando as filed climb and maintain 5000 ft expect FL410 10 mins after departure, departure control will be 132.65 and squawk code. Upon taxiing out to runway 27L, tower advised crew of SIGMET which indicated severe WX to the west of melbourne, with wind gusts to (I believe) 40 KTS, possible wind shear tornado watch in effect with hail 1 1/2' in diameter. Crew asked tower if anyone had departed to the west within the last 5 or 10 mins. Tower replied that an air carrier, medium large transport had departed and indicated only rain and (I believe) moderate turbulence was experienced. Crew continued taxi to runway 27L. After receiving a position and hold clearance on to runway 27L crew examined the radar which indicated severe WX very close in to the airport and requiring an immediate north or south departure to keep clear of the severe WX. After departure crew asked melbourne tower for an immediate turn after departure either north or south, but was told to turn right after departure to intercept the 306 right of melbourne. Crew examined the radar more closely to determine from their perspective if the 306 right would clear the WX. It appeared to the crew they would clear the WX with a slight deviation to the north. Again they asked melbourne tower for a departure north or south to clear WX. Tower said either accept the clearance or pull off the runway. Both crew members agreed to accept the departure and ask for the deviation if necessary from patrick AFB. As soon as the aircraft was airborne and had reached a safe climbing altitude of 500 ft AGL, the crew began a right turn to intercept the melbourne 306 right. Upon intercepting the right it became obvious that any continued flight on this right would put the crew, passengers and aircraft in extreme danger. PIC asked first officer to cancel IFR, first officer asked patrick AFB for an immediate emergency WX deviation. It was denied. Patrick AFB radar was out of service. PIC executed a right turn off the 306RSTILL climbing, but below 2000 ft and again asked sic to cancel IFR. Again asked for an emergency WX deviation, it was denied. Patrick AFB told cpr X to go direct to the mlb VOR and out to kapen intersection for holding, that an air carrier was descending north V3 to 3000 ft. PIC leveled at at 2000 ft and first officer then asked to cancel IFR. IFR was cancelled. At this time first officer contacted mia center on 124.1 for a new clearance and heading. Miami immediately gave crew a heading and climb which cleared all WX and cleared aircraft direct to tlh when able, remainder of flight was normal. Prior to changing frequency to contact mia center, patrick AFB made comment to the crew of cpr X that they could expect a violation. Phone call was made, situation discussed and followed up by phone calls after reaching destination. At all time while aircraft was deviating from clearance, it remained clear of clouds and had at least 3 mi visibility and maneuvered to remain clear of V3 and potential danger to air carrier flight descending to 3000 ft.

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Original NASA ASRS Text

Title: CPR X UNAUTH DEVIATION AROUND WX FAILED TO DECLARE EMERGENCY. NON ADHERHENCE TO ATC CLRNC.

Narrative: SIT WAS: OUR ACFT WAS DEPARTING KMLB, RWY 27L. THE ARPT WAS VFR, BUT WX IN THE AREA NW OF THE ARPT. CENTRAL FL, (MLB AREA) WAS NOT UNDER A TORNADO WATCH AND SIGMET. PATRICK APCH CTL'S RADAR WAS NOT WORKING. AN ACR FLT WAS SBND ON V-3 AT 4000 LNDG KMLB. OUR ATC CLRNC WAS TO INTERCEPT THE MLB 306 DEG R CLB AND MAINTAIN 5000 FT. BEFORE DEP WE FIRST REQUESTED HDG OF 240 DEG TO AVOID W. APCH CTL DENIED. WE THEN REQUESTED A HDG OF 360 DEG AFTER TKOF TO AVOID WX, PATRICK APCH CTL DENIED THIS REQUEST. WE THEN REQUESTED ANY PLT RPTS FROM ACFT DEPARTING TO THE NW. WE RECEIVED 20 MIN OLD RPT FROM AN ACR HAD DEPARTED NW WITH NO PROBS. WE DEPARTED KMLB TURNED N THEN INTERCEPTED THE 306 DEG R. ON TURNING OUTBND ON THE 306 DEG R THERE WAS A MEDIUM SIZE TSTM DIRECTLY ON THE R. WE REQUESTED A SLIGHT DEV N OF COURSE. PATRICK DENIED OUR REQUEST, WE SAID AGAIN A SLIGHT N OF COURSE WAS NEEDED. WE WERE TOLD THAT WE 'MUST GET ON THE 306 AND MAINTAIN 5000.' WE TOLD PATRICK THAT THERE WAS A TSTM CTR ON 306 DEG R AND WE WOULD NOT FLY INTO THE STORM, WE WERE TOLD TO 'GET ON THE 306 DEG R MLB.' WE DECLARED A WX EMER ADVISED PATRICK WE WERE MAINTAINING VFR, TURNING EBND AND MAINTAIN 2000 FT VFR. OUR ACFT WAS NOW 5-7 MI N OF KMLB 2000 FT VFR EBND. AN ACR FLT WAS ON V-3, 25 N OF MLB SBND INTO KMLB. PATRICK TOLD US TO GO TO MLB VOR HOLD INDEFINITELY. IF WE HAD TURNED DIRECTLY TO MLB VOR WE WOULD HAVE BEEN CLBING ON V-3. WE REQUESTED HOLDING ON THE MLB VOR 090 DEG R AT A 10 DME FIX (VFR). PATRICK DENIED THIS, TOLD US TO HOLD AT CAPEN INTXN. CAPEN INTXN IS ALSO ON V-3, WE STILL WOULD HAVE BEEN CLBING THROUGH V-3. WE CANCELLED IFR REMAINED EBND AT 2000 FT VFR, RPTED E OF V-3 TO PATRICK AND THE FLT SWITCHED TO MIA CTR, CLBED TO 4500 FT RECEIVED A NEW CLRNC AND CONTINUED OUR FLT IFR. PATRICK APCH HAD 3 THINGS THAT THEY COULD NOT MANAGE WITHOUT RADAR, DEPARTING ACFT, SBND ARRIVING ACFT,ONE QUAD OF WX. WHEN OUR REQUEST FOR A SW HDG THEN A NORTHERN HDG WAS DENIED, WE GOT A PLT RPT THAT THE NW DEP WAS NAVIGATIONAL AND TOOK OFF. WE HAD TO DECLARE A WX EMER BECAUSE WE COULD NOT GET A SLIGHT DEV. THIS IS OUR LCL AREA, WE KNOW WHERE V-3 IS, THIS CTLR HAD NO IDEA. WE WERE FORCED TO CLR THE AREA MAINTAIN VFR. SUPPLEMENTAL INFO FROM ACN 171777. THE CLRNC WAS CLRED TO THE PUEBLO ARPT, DIRECT ORLANDO AS FILED CLB AND MAINTAIN 5000 FT EXPECT FL410 10 MINS AFTER DEP, DEP CTL WILL BE 132.65 AND SQUAWK CODE. UPON TAXIING OUT TO RWY 27L, TWR ADVISED CREW OF SIGMET WHICH INDICATED SEVERE WX TO THE W OF MELBOURNE, WITH WIND GUSTS TO (I BELIEVE) 40 KTS, POSSIBLE WIND SHEAR TORNADO WATCH IN EFFECT WITH HAIL 1 1/2' IN DIAMETER. CREW ASKED TWR IF ANYONE HAD DEPARTED TO THE W WITHIN THE LAST 5 OR 10 MINS. TWR REPLIED THAT AN ACR, MLG HAD DEPARTED AND INDICATED ONLY RAIN AND (I BELIEVE) MODERATE TURB WAS EXPERIENCED. CREW CONTINUED TAXI TO RWY 27L. AFTER RECEIVING A POS AND HOLD CLRNC ON TO RWY 27L CREW EXAMINED THE RADAR WHICH INDICATED SEVERE WX VERY CLOSE IN TO THE ARPT AND REQUIRING AN IMMEDIATE N OR S DEP TO KEEP CLR OF THE SEVERE WX. AFTER DEP CREW ASKED MELBOURNE TWR FOR AN IMMEDIATE TURN AFTER DEP EITHER N OR S, BUT WAS TOLD TO TURN R AFTER DEP TO INTERCEPT THE 306 R OF MELBOURNE. CREW EXAMINED THE RADAR MORE CLOSELY TO DETERMINE FROM THEIR PERSPECTIVE IF THE 306 R WOULD CLR THE WX. IT APPEARED TO THE CREW THEY WOULD CLR THE WX WITH A SLIGHT DEV TO THE N. AGAIN THEY ASKED MELBOURNE TWR FOR A DEP N OR S TO CLR WX. TWR SAID EITHER ACCEPT THE CLRNC OR PULL OFF THE RWY. BOTH CREW MEMBERS AGREED TO ACCEPT THE DEP AND ASK FOR THE DEV IF NECESSARY FROM PATRICK AFB. AS SOON AS THE ACFT WAS AIRBORNE AND HAD REACHED A SAFE CLBING ALT OF 500 FT AGL, THE CREW BEGAN A R TURN TO INTERCEPT THE MELBOURNE 306 R. UPON INTERCEPTING THE R IT BECAME OBVIOUS THAT ANY CONTINUED FLT ON THIS R WOULD PUT THE CREW, PAXS AND ACFT IN EXTREME DANGER. PIC ASKED FO TO CANCEL IFR, FO ASKED PATRICK AFB FOR AN IMMEDIATE EMER WX DEV. IT WAS DENIED. PATRICK AFB RADAR WAS OUT OF SVC. PIC EXECUTED A R TURN OFF THE 306RSTILL CLBING, BUT BELOW 2000 FT AND AGAIN ASKED SIC TO CANCEL IFR. AGAIN ASKED FOR AN EMER WX DEV, IT WAS DENIED. PATRICK AFB TOLD CPR X TO GO DIRECT TO THE MLB VOR AND OUT TO KAPEN INTXN FOR HOLDING, THAT AN ACR WAS DSNDING N V3 TO 3000 FT. PIC LEVELED AT AT 2000 FT AND FO THEN ASKED TO CANCEL IFR. IFR WAS CANCELLED. AT THIS TIME FO CONTACTED MIA CTR ON 124.1 FOR A NEW CLRNC AND HDG. MIAMI IMMEDIATELY GAVE CREW A HDG AND CLB WHICH CLRED ALL WX AND CLRED ACFT DIRECT TO TLH WHEN ABLE, REMAINDER OF FLT WAS NORMAL. PRIOR TO CHANGING FREQ TO CONTACT MIA CTR, PATRICK AFB MADE COMMENT TO THE CREW OF CPR X THAT THEY COULD EXPECT A VIOLATION. PHONE CALL WAS MADE, SIT DISCUSSED AND FOLLOWED UP BY PHONE CALLS AFTER REACHING DEST. AT ALL TIME WHILE ACFT WAS DEVIATING FROM CLRNC, IT REMAINED CLR OF CLOUDS AND HAD AT LEAST 3 MI VISIBILITY AND MANEUVERED TO REMAIN CLR OF V3 AND POTENTIAL DANGER TO ACR FLT DSNDING TO 3000 FT.

Data retrieved from NASA's ASRS site as of July 2007 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.