Narrative:

About 120 NM north of priss on A523 we requested clearance to deviate up to 20 NM west of course because of WX (thunderstorms) across track about 40 NM north of priss. The WX radar showed red in automatic-gain and all red in maximum gain. The storms extended 10-20 mi west and 40-45 mi east. They topped out at about 35000 ft. About 20-30 mi north of the storms we received a negative on our request. We changed request to only 10 NM west deviation. At about 10 NM north of the storms the controller said negative to our 10 NM deviation request. Controller said he could clear us east of course but not west because we would intrude on another aircraft's space. That aircraft was on A300 (about 90 mi further west). He was estimating position catch at XX22Z. We were estimating priss at XX17Z. The storms were too close to deviate east. We told the controller we must deviate west. He said 'do what you have to do.' we deviated around the closest storm going 10 NM west and returning back to centerline. We were off centerline from XY11Z to XY14Z. TCASII was operating normally and showed no traffic. The flight attendants were strapped into their seats, all passenger service was stopped in anticipation of turbulence. By deviating and not flying through the thunderstorm we did not encounter any turbulence. On telling the air traffic controller that we were back on track, he informed us we were being reported as a violation for deviating because we infringed on the airspace of the aircraft on A300. We reported over priss at XX17Z. Balance of flight uneventful.

Google
 

Original NASA ASRS Text

Title: WDB UNABLE TO GET CLRNC TO DEVIATE WX. TOLD 'DO WHAT YOU HAVE TO.' HE DOES.

Narrative: ABOUT 120 NM N OF PRISS ON A523 WE REQUESTED CLRNC TO DEVIATE UP TO 20 NM W OF COURSE BECAUSE OF WX (TSTMS) ACROSS TRACK ABOUT 40 NM N OF PRISS. THE WX RADAR SHOWED RED IN AUTO-GAIN AND ALL RED IN MAX GAIN. THE STORMS EXTENDED 10-20 MI W AND 40-45 MI E. THEY TOPPED OUT AT ABOUT 35000 FT. ABOUT 20-30 MI N OF THE STORMS WE RECEIVED A NEGATIVE ON OUR REQUEST. WE CHANGED REQUEST TO ONLY 10 NM W DEV. AT ABOUT 10 NM N OF THE STORMS THE CTLR SAID NEGATIVE TO OUR 10 NM DEV REQUEST. CTLR SAID HE COULD CLR US E OF COURSE BUT NOT W BECAUSE WE WOULD INTRUDE ON ANOTHER ACFT'S SPACE. THAT ACFT WAS ON A300 (ABOUT 90 MI FURTHER W). HE WAS ESTIMATING POS CATCH AT XX22Z. WE WERE ESTIMATING PRISS AT XX17Z. THE STORMS WERE TOO CLOSE TO DEVIATE E. WE TOLD THE CTLR WE MUST DEVIATE W. HE SAID 'DO WHAT YOU HAVE TO DO.' WE DEVIATED AROUND THE CLOSEST STORM GOING 10 NM W AND RETURNING BACK TO CTRLINE. WE WERE OFF CTRLINE FROM XY11Z TO XY14Z. TCASII WAS OPERATING NORMALLY AND SHOWED NO TFC. THE FLT ATTENDANTS WERE STRAPPED INTO THEIR SEATS, ALL PAX SVC WAS STOPPED IN ANTICIPATION OF TURB. BY DEVIATING AND NOT FLYING THROUGH THE TSTM WE DID NOT ENCOUNTER ANY TURB. ON TELLING THE AIR TFC CTLR THAT WE WERE BACK ON TRACK, HE INFORMED US WE WERE BEING RPTED AS A VIOLATION FOR DEVIATING BECAUSE WE INFRINGED ON THE AIRSPACE OF THE ACFT ON A300. WE RPTED OVER PRISS AT XX17Z. BAL OF FLT UNEVENTFUL.

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.