Narrative:

Climbing out of mco we advised ZJX we needed to deviation left or right for WX. The controller said he would tell next controller and he would tell us. We changed frequencys 3-4 mins later. New controller acknowledged our check-in and we advised we would like to go left. He worked other traffic and when he got back to us, said we needed to stay on course. We could not at that point, as our course turned right, which was into the thunderstorm. He asked if we were going to use our emergency authority/authorized and as that seemed the only option, I said yes. We asked if we could go either up, down, or left for him. He came back a couple of mins later with a clearance to deviation. We obviously tried to be too accommodating in letting the controller decide which way was best for his traffic. By the time he got back to us it was too late. We were committed to going left. Florida has great problems with aircraft needing to deviation for WX on departures and arrs. Controllers may need more information as to hazardous WX as it seemed he was unaware of any out there. Thus we had to declare an emergency to keep from penetrating dangerous WX.

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Original NASA ASRS Text

Title: AN ACR B757 FLC HAD TO USE THEIR EMER AUTH TO AVOID TSTMS DURING THEIR CLBOUT.

Narrative: CLBING OUT OF MCO WE ADVISED ZJX WE NEEDED TO DEV L OR R FOR WX. THE CTLR SAID HE WOULD TELL NEXT CTLR AND HE WOULD TELL US. WE CHANGED FREQS 3-4 MINS LATER. NEW CTLR ACKNOWLEDGED OUR CHK-IN AND WE ADVISED WE WOULD LIKE TO GO L. HE WORKED OTHER TFC AND WHEN HE GOT BACK TO US, SAID WE NEEDED TO STAY ON COURSE. WE COULD NOT AT THAT POINT, AS OUR COURSE TURNED R, WHICH WAS INTO THE TSTM. HE ASKED IF WE WERE GOING TO USE OUR EMER AUTH AND AS THAT SEEMED THE ONLY OPTION, I SAID YES. WE ASKED IF WE COULD GO EITHER UP, DOWN, OR L FOR HIM. HE CAME BACK A COUPLE OF MINS LATER WITH A CLRNC TO DEV. WE OBVIOUSLY TRIED TO BE TOO ACCOMMODATING IN LETTING THE CTLR DECIDE WHICH WAY WAS BEST FOR HIS TFC. BY THE TIME HE GOT BACK TO US IT WAS TOO LATE. WE WERE COMMITTED TO GOING L. FLORIDA HAS GREAT PROBS WITH ACFT NEEDING TO DEV FOR WX ON DEPS AND ARRS. CTLRS MAY NEED MORE INFO AS TO HAZARDOUS WX AS IT SEEMED HE WAS UNAWARE OF ANY OUT THERE. THUS WE HAD TO DECLARE AN EMER TO KEEP FROM PENETRATING DANGEROUS WX.

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.