Air carrier X non adherence to ATC clearance for WX avoidance. WX factors thunderstorm.

Attributes
ACN	178149
Time
Date	199105
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sbj
State Reference	NJ
Altitude	msl bound lower : 12000 msl bound upper : 14000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	other personnel
Qualification	other other : other
ASRS Report	178149
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	inflight encounter : weather non adherence : clearance
Independent Detector	other flight crewa
Resolutory Action	flight crew : declared emergency flight crew : returned to intended course or assigned course other
Consequence	Other
Supplementary
Primary Problem	Weather

Narrative:

On departure out of ewr using runway 4 the second departure controller gave the crew a southwest heading to biggy. Just northeast of solberg the captain notified the departure controller that they were heading right towards a thunderstorm. The captain requested a heading away from the thunderstorm cell. However, ewr departure control said by doing this he could not supply traffic separation since this airspace was handled by approach control. The departure controller told him as far as he could see this airspace looked clear of any traffic but he could not guarantee the traffic separation the captain was requesting. The captain then told the controller since he could not supply this separation he was declaring an emergency until separation was assured. The captain reported the time elapsed when he was under this declaration was for about 5 mins from FL120- 140. When he reached FL140 he was then in contact with ZNY and adequate traffic separation was then supplied.

Original NASA ASRS Text

Title: ACR X NON ADHERENCE TO ATC CLRNC FOR WX AVOIDANCE. WX FACTORS TSTM.

Narrative: ON DEP OUT OF EWR USING RWY 4 THE SECOND DEP CTLR GAVE THE CREW A SW HDG TO BIGGY. JUST NE OF SOLBERG THE CAPT NOTIFIED THE DEP CTLR THAT THEY WERE HDG RIGHT TOWARDS A TSTM. THE CAPT REQUESTED A HDG AWAY FROM THE TSTM CELL. HOWEVER, EWR DEP CTL SAID BY DOING THIS HE COULD NOT SUPPLY TFC SEPARATION SINCE THIS AIRSPACE WAS HANDLED BY APCH CTL. THE DEP CTLR TOLD HIM AS FAR AS HE COULD SEE THIS AIRSPACE LOOKED CLEAR OF ANY TFC BUT HE COULD NOT GUARANTEE THE TFC SEPARATION THE CAPT WAS REQUESTING. THE CAPT THEN TOLD THE CTLR SINCE HE COULD NOT SUPPLY THIS SEPARATION HE WAS DECLARING AN EMER UNTIL SEPARATION WAS ASSURED. THE CAPT RPTED THE TIME ELAPSED WHEN HE WAS UNDER THIS DECLARATION WAS FOR ABOUT 5 MINS FROM FL120- 140. WHEN HE REACHED FL140 HE WAS THEN IN CONTACT WITH ZNY AND ADEQUATE TFC SEPARATION WAS THEN SUPPLIED.

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.