Flight crew tells controller they do not have fuel to hold, so, ATC declares emergency for the crew and provides priority over other traffic ahead that is holding.

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Attributes
ACN	312691
Time
Date	199508
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : atl
State Reference	GA
Altitude	msl bound lower : 11000 msl bound upper : 11000
Environment
Flight Conditions	Marginal
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : atl tower : slc
Operator	common carrier : air carrier
Make Model Name	Brasilia EMB-120 All Series
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	descent other 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 : 200 flight time total : 13000 flight time type : 8000
ASRS Report	312691
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : cfi
Experience	flight time last 90 days : 225 flight time total : 1750 flight time type : 320
ASRS Report	312536
Events
Anomaly	non adherence : published procedure non adherence : far non adherence : clearance other anomaly other
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

ATC advised flight crew to hold at macey intersection. Crew replied that it had no holding fuel and could not accept holding. ATC said roger cleared to atl. About 3 mins later ATC advised flight they declared an emergency for us. We told them that we did not declare an emergency. He replied they did it for us and contact atl approach. Corrective action in the future. Let the crew use their judgement when an emergency is to be declared.

Original NASA ASRS Text

Title: FLC TELLS CTLR THEY DO NOT HAVE FUEL TO HOLD, SO, ATC DECLARES EMER FOR THE CREW AND PROVIDES PRIORITY OVER OTHER TFC AHEAD THAT IS HOLDING.

Narrative: ATC ADVISED FLC TO HOLD AT MACEY INTXN. CREW REPLIED THAT IT HAD NO HOLDING FUEL AND COULD NOT ACCEPT HOLDING. ATC SAID ROGER CLRED TO ATL. ABOUT 3 MINS LATER ATC ADVISED FLT THEY DECLARED AN EMER FOR US. WE TOLD THEM THAT WE DID NOT DECLARE AN EMER. HE REPLIED THEY DID IT FOR US AND CONTACT ATL APCH. CORRECTIVE ACTION IN THE FUTURE. LET THE CREW USE THEIR JUDGEMENT WHEN AN EMER IS TO BE DECLARED.

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.