Air carrier X flight crew non adherence to ATC clearance (refused descent clearance for WX avoidance...

Attributes
ACN	186061
Time
Date	199108
Day	Fri
Local Time Of Day	0001 To 0600
Place
Locale Reference	atc facility : rid
State Reference	IN
Altitude	msl bound lower : 33000 msl bound upper : 33000
Environment
Flight Conditions	VMC
Light	Dawn
Aircraft 1
Controlling Facilities	artcc : zid
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 8500 flight time type : 3000
ASRS Report	186061
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	inflight encounter : weather non adherence : clearance other anomaly other
Independent Detector	other controllera
Resolutory Action	none taken : unable other
Consequence	Other
Supplementary
Primary Problem	Weather
Air Traffic Incident	other

Narrative:

Air carrier X en route to dayton, FL330. We requested a heading to deviation east for WX. (A clearly defined thunderstorm both on radar and visually, it being dawn). Indianapolis center controller approved the deviation and instructed us to descend to FL240. However this descent would have put us directly into thunderstorms we were topping. We told center we could not descend for another 10 mi. Center again instructed us to descend to FL240. We again told him we could not. He then advised if we were refusing the clearance. We replied in the affirmative. Center then advised he was reporting us. Shortly thereafter this controller was relieved and we were told to maintain FL330. There appeared to be no traffic conflict. It was a poor WX night with many requests to deviate for thunderstorms, this controller had just advised everyone he was taking no requests for direct. Indianapolis center was very busy. This controller sounded stressed out and very upset at our refusing clearance.

Original NASA ASRS Text

Title: ACR X FLC NON ADHERENCE TO ATC CLRNC (REFUSED DSCNT CLRNC FOR WX AVOIDANCE).

Narrative: ACR X ENRTE TO DAYTON, FL330. WE REQUESTED A HDG TO DEV E FOR WX. (A CLRLY DEFINED TSTM BOTH ON RADAR AND VISUALLY, IT BEING DAWN). INDIANAPOLIS CENTER CTLR APPROVED THE DEV AND INSTRUCTED US TO DSND TO FL240. HOWEVER THIS DSCNT WOULD HAVE PUT US DIRECTLY INTO TSTMS WE WERE TOPPING. WE TOLD CENTER WE COULD NOT DSND FOR ANOTHER 10 MI. CENTER AGAIN INSTRUCTED US TO DSND TO FL240. WE AGAIN TOLD HIM WE COULD NOT. HE THEN ADVISED IF WE WERE REFUSING THE CLRNC. WE REPLIED IN THE AFFIRMATIVE. CENTER THEN ADVISED HE WAS RPTING US. SHORTLY THEREAFTER THIS CTLR WAS RELIEVED AND WE WERE TOLD TO MAINTAIN FL330. THERE APPEARED TO BE NO TFC CONFLICT. IT WAS A POOR WX NIGHT WITH MANY REQUESTS TO DEVIATE FOR TSTMS, THIS CTLR HAD JUST ADVISED EVERYONE HE WAS TAKING NO REQUESTS FOR DIRECT. INDIANAPOLIS CENTER WAS VERY BUSY. THIS CTLR SOUNDED STRESSED OUT AND VERY UPSET AT OUR REFUSING CLRNC.

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.

Air carrier X flight crew non adherence to ATC clearance (refused descent clearance for WX avoidance).