Flight crew declares emergency to enter restr area avoiding thunderstorms.

Attributes
ACN	440101
Time
Date	199906
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : chs.vortac
State Reference	SC
Altitude	msl single value : 29000
Environment
Flight Conditions	VMC
Weather Elements	Thunderstorm
Light	Dusk
Aircraft 1
Controlling Facilities	artcc : zjx.artcc
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	other vortac
Flight Phase	cruise : level
Route In Use	enroute airway : j75.airway
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 100 flight time total : 10500 flight time type : 1000
ASRS Report	440101
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	airspace violation : entry inflight encounter : weather non adherence : clearance
Independent Detector	other controllera
Resolutory Action	flight crew : returned to original clearance flight crew : declared emergency
Supplementary
Problem Areas	ATC Human Performance Weather Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Flying up J75, jax-ewr, an east deviation approved for WX. Got far enough east that controller cleared us to flo VOR when able, instead of over cae VOR. As we were just south of chs, controller asked if we were going to intercept J79. Captain told him last clearance was direct flo VOR when able. ATC said another min on our present heading would put us in restr airspace. Captain said to ATC that we couldn't track along J79 because of storm. ATC asked if he wanted to exercise his emergency authority/authorized and enter restr area, and captain said yes. We never heard if we actually entered restr area, as we turned back to airway shortly afterwards.

Original NASA ASRS Text

Title: FLC DECLARES EMER TO ENTER RESTR AREA AVOIDING TSTMS.

Narrative: FLYING UP J75, JAX-EWR, AN E DEV APPROVED FOR WX. GOT FAR ENOUGH E THAT CTLR CLRED US TO FLO VOR WHEN ABLE, INSTEAD OF OVER CAE VOR. AS WE WERE JUST S OF CHS, CTLR ASKED IF WE WERE GOING TO INTERCEPT J79. CAPT TOLD HIM LAST CLRNC WAS DIRECT FLO VOR WHEN ABLE. ATC SAID ANOTHER MIN ON OUR PRESENT HDG WOULD PUT US IN RESTR AIRSPACE. CAPT SAID TO ATC THAT WE COULDN'T TRACK ALONG J79 BECAUSE OF STORM. ATC ASKED IF HE WANTED TO EXERCISE HIS EMER AUTH AND ENTER RESTR AREA, AND CAPT SAID YES. WE NEVER HEARD IF WE ACTUALLY ENTERED RESTR AREA, AS WE TURNED BACK TO AIRWAY SHORTLY AFTERWARDS.

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.