Narrative:

Departed mci for lax. Released with minimum fuel due to weight. During climb was vectored several times and held at low altitude due to traffic. 50 mins into flight had burned 1200 pounds more fuel than flight plan and had used up 1/3 of my reserve fuel. Over gck VOR, ATC requested that I choose 1 of 2 options because of traffic. 1) descend to FL280 and go direct to drk, or 2) turn left 20 degrees for 18 mins. I informed ATC that I was not able to comply with either due to fuel considerations. I calculated that if I continued to burn fuel at the rate I had burned it for 50 mins with 2.5 hours of flight remaining, I would have to declare a minimum fuel state upon arrival at lax, or make a fuel stop en route. Fuel on board at gate release was 28400 pounds. The minimum fuel was 27000 pounds -- 20000 pounds en route burn, 3100 holding fuel, and 3900 reserve fuel. Total flight time: 3 hours, 24 mins. At gck actual fuel on board was 20000 pounds. Flight plan estimated fuel on board at gck as 21200 pounds. Without further vectors, I burned an additional 500 pounds of reserve fuel en route to lax and landed with 6300 pounds on board. Problem: ATC is not willing to work with pilots when fuel is critical in the pilot's mind. Low fuel loads are common when aircraft are weight limited. When ATC is advised that excessive vectoring or altitude changes could cause a minimum fuel declaration, the response in this case was that I failed to comply with a legal clearance. Suggestion: although I recognize the help I received from the ATC controllers during my 24 yrs of flying and am grateful for said help, I would suggest that in this instance the controller needs to be reminded that I am the ultimate person responsible for the safe operation of my aircraft and passenger. And, that the pilot is the only person who can determine if he can safely comply with an ATC request.

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Original NASA ASRS Text

Title: MLG FLC HAS FUEL CONCERNS DUE TO BEING HELD LOW EARLY IN FLT AND IS UNABLE TO ACCEPT CLRNC OPTIONS FROM ATC.

Narrative: DEPARTED MCI FOR LAX. RELEASED WITH MINIMUM FUEL DUE TO WT. DURING CLB WAS VECTORED SEVERAL TIMES AND HELD AT LOW ALT DUE TO TFC. 50 MINS INTO FLT HAD BURNED 1200 LBS MORE FUEL THAN FLT PLAN AND HAD USED UP 1/3 OF MY RESERVE FUEL. OVER GCK VOR, ATC REQUESTED THAT I CHOOSE 1 OF 2 OPTIONS BECAUSE OF TFC. 1) DSND TO FL280 AND GO DIRECT TO DRK, OR 2) TURN L 20 DEGS FOR 18 MINS. I INFORMED ATC THAT I WAS NOT ABLE TO COMPLY WITH EITHER DUE TO FUEL CONSIDERATIONS. I CALCULATED THAT IF I CONTINUED TO BURN FUEL AT THE RATE I HAD BURNED IT FOR 50 MINS WITH 2.5 HRS OF FLT REMAINING, I WOULD HAVE TO DECLARE A MINIMUM FUEL STATE UPON ARR AT LAX, OR MAKE A FUEL STOP ENRTE. FUEL ON BOARD AT GATE RELEASE WAS 28400 LBS. THE MINIMUM FUEL WAS 27000 LBS -- 20000 LBS ENRTE BURN, 3100 HOLDING FUEL, AND 3900 RESERVE FUEL. TOTAL FLT TIME: 3 HRS, 24 MINS. AT GCK ACTUAL FUEL ON BOARD WAS 20000 LBS. FLT PLAN ESTIMATED FUEL ON BOARD AT GCK AS 21200 LBS. WITHOUT FURTHER VECTORS, I BURNED AN ADDITIONAL 500 LBS OF RESERVE FUEL ENRTE TO LAX AND LANDED WITH 6300 LBS ON BOARD. PROB: ATC IS NOT WILLING TO WORK WITH PLTS WHEN FUEL IS CRITICAL IN THE PLT'S MIND. LOW FUEL LOADS ARE COMMON WHEN ACFT ARE WT LIMITED. WHEN ATC IS ADVISED THAT EXCESSIVE VECTORING OR ALT CHANGES COULD CAUSE A MINIMUM FUEL DECLARATION, THE RESPONSE IN THIS CASE WAS THAT I FAILED TO COMPLY WITH A LEGAL CLRNC. SUGGESTION: ALTHOUGH I RECOGNIZE THE HELP I RECEIVED FROM THE ATC CTLRS DURING MY 24 YRS OF FLYING AND AM GRATEFUL FOR SAID HELP, I WOULD SUGGEST THAT IN THIS INSTANCE THE CTLR NEEDS TO BE REMINDED THAT I AM THE ULTIMATE PERSON RESPONSIBLE FOR THE SAFE OP OF MY ACFT AND PAX. AND, THAT THE PLT IS THE ONLY PERSON WHO CAN DETERMINE IF HE CAN SAFELY COMPLY WITH AN ATC REQUEST.

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.